Loyens & Loeff
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8 Contributions by Loyens & Loeff Experts
PRACTICE NOTES
The Swiss Rules of International Arbitration, updated on 1 June 2021 (the Swiss Rules), govern-unless the parties agree otherwise-any arbitration started on or after 1 June 2021 where an arbitration agreement refers to the Swiss Rules or to the former rules of chambers or organisations that have joined the Swiss Rules or brought their proceedings under them. This Practice Note looks at commencing arbitration under the Swiss Rules. For guidance on the 2012 Swiss Rules, see: Swiss Rules arbitration-overview.
Submitting a Notice of Arbitration
An arbitration conducted under the Swiss Rules and administered by the Swiss Arbitration Centre (the SAC) is initiated by serving a Notice of Arbitration (Swiss Rules, art 3).
Electronic submission: send the Notice of Arbitration to
Arbitration
PRACTICE NOTES
This Practice Note presents the Swiss Arbitration Centre and the Swiss Rules of International Arbitration (the Swiss Rules).
Development of the Swiss Rules
Several local Swiss Chambers of Commerce had been providing arbitration services as early as in the latter half of the nineteenth century. The Chambers of Commerce and Industry of Basel, Bern, Geneva, Neuchâtel, Ticino, Vaud and Zurich each operated for years under their own arbitration rules until 2004, when those local regimes were superseded by the 2004 Swiss Rules of International Arbitration (the 2004 Swiss Rules). The 2004 Swiss Rules drew on the 1976 UNCITRAL Arbitration Rules (the UNCITRAL Rules), while introducing some notable and practical adjustments. In particular, in contrast to the UNCITRAL Rules, cases under the Swiss Rules are formally overseen by an administering institution. In 2010, a working group was set up to
Arbitration
PRACTICE NOTES
As formally updated on 1 June 2021, the Swiss Rules of International Arbitration (the Swiss Rules) govern—save where the parties expressly stipulate otherwise—any arbitration proceedings begun on or after 1 June 2021 under an arbitration agreement that expressly refers either to the Swiss Rules or to the prior rules of the chambers or organisations that joined the Swiss Rules or placed their respective proceedings under the Swiss Rules. This Practice Note addresses matters relating to evidence under the Swiss Rules. For guidance on the 2012 Swiss Rules, see: Swiss Rules arbitration—overview.
General remarks
Under the Swiss Rules, the arbitral tribunal establishes the facts of the dispute principally through documentary, witness testimony, and expert evidence submitted by the parties (Swiss Rules, art 26.1). In addition, at any point during the arbitration, the tribunal may require the parties to produce further documents, exhibits, or other evidence (Swiss Rules, art
Arbitration
PRACTICE NOTES
The Swiss Rules of International Arbitration, updated on 1 June 2021 (the Swiss Rules), apply—unless the parties agree otherwise—to any arbitration begun on or after 1 June 2021 under an arbitration agreement referring either to the Swiss Rules or to the prior rules of chambers or organisations that joined the Swiss Rules or brought their proceedings within them. This Practice Note examines the appointment of the arbitral tribunal under the Swiss Rules. The provisions regulating constitution of the tribunal are, for the most part, consistent with those in most other widely used arbitration rules, though there are a handful of particularities. For guidance on the 2012 Swiss Rules, see: Swiss Rules arbitration—overview. This note highlights similarities and specific features when constituting tribunals, within the context of these Swiss Rules and notes areas of
Arbitration
PRACTICE NOTES
Revised on 1 June 2021, the Swiss Rules of International Arbitration (Swiss Rules) apply—unless the parties agree otherwise—to all arbitrations started on or after 1 June 2021 where the arbitration agreement refers to the Swiss Rules, or to the earlier rules of chambers or bodies that have joined or placed their proceedings under the Swiss Rules. This Practice Note reviews the arbitral tribunal’s powers under the Swiss Rules. For commentary on the 2012 Swiss Rules, see Swiss Rules arbitration—overview. Under the Swiss Rules, tribunals enjoy extensive authority and discretion across the conduct of the case. In principle, the tribunal may manage the arbitration as it considers appropriate, while safeguarding equal treatment of the parties and their right to be heard (Swiss Rules, art 19.1). This expressly encompasses steps to enhance procedural
Arbitration
PRACTICE NOTES
The Swiss Rules of International Arbitration, updated on 1 June 2021 (the Swiss Rules), govern—unless the parties agree otherwise—any arbitration begun on or after 1 June 2021 on the basis of an arbitration agreement where the clause refers to the Swiss Rules, or to the former rules of chambers or organisations that adopted the Swiss Rules or placed their proceedings under them. For commentary on the 2012 Swiss Rules, see: Swiss Rules arbitration—overview. A recurring element of institutional arbitration frameworks, including the Swiss Rules, is the institution’s involvement in setting and administering arbitration costs. Under the Swiss Rules, though, arbitral tribunals enjoy broader powers on costs than under several other prominent institutional regimes, such as those of the International Chamber of Commerce (ICC) and the London Court of International Arbitration (LCIA). This Practice Note addresses costs and security for costs under the Swiss Rules. A
Arbitration
PRACTICE NOTES
The Swiss Rules of International Arbitration, updated on 1 June 2021 (the Swiss Rules), govern—unless the parties agree otherwise—all arbitrations begun on or after 1 June 2021 where the arbitration agreement cites the Swiss Rules or the former rules of chambers or organisations that have acceded to, or placed their proceedings under, the Swiss Rules. This Practice Note outlines key aspects of the Swiss Rules and how they are overseen by the Swiss Arbitration Centre (SAC). Additional detail on many of these points appears in related Practice Notes listed under ‘Related documents’. For material on the 2012 Swiss Rules, see Swiss Rules arbitration—overview.
Limited involvement of institution in proceedings
Compared with certain other institutional regimes, administration under the Swiss Rules is deliberately light-touch, with the institution’s role and intervention kept to a minimum. The SAC’s Arbitration Court is responsible for
Arbitration
PRACTICE NOTES
The Swiss Rules of International Arbitration, updated on 1 June 2021 (the Swiss Rules), govern-unless the parties agree otherwise-any arbitration begun on or after 1 June 2021 where the arbitration clause refers to the Swiss Rules or to the earlier rules of chambers or organisations that have acceded to, or placed their proceedings under, the Swiss Rules. This Practice Note addresses procedural aspects under the Swiss Rules. For commentary on the 2012 Swiss Rules, see: Swiss Rules arbitration-overview...
General remarks
The Swiss Rules grant the arbitral tribunal broad latitude to manage the proceedings. Arbitrators may run the case as they consider appropriate, provided they uphold equality between the parties and safeguard each party’s right to be heard (Swiss Rules, art 19.1). Crucially, all parties must use their best endeavours to secure an efficient process and to avoid superfluous costs and delay (Swiss Rules, art 16.1).
Arbitration
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