Jurisdiction(s):
United Kingdom

Switzerland: Jurisdiction challenges in arbitration; courts’ refusal of anti-suit/anti-arbitration relief; enforcing arbitration agreements, damages risk, tribunal anti-suit powers, and key PILA/CCP reforms (2021–2025)

Published by a LexisNexis Arbitration expert

Practice notes

Note: the Swiss cases mentioned below are not included in LexisNexis® reports.

Introduction Swiss domestic and Swiss international arbitration

Swiss law draws a line between domestic and international forms of ‘Swiss’ arbitration. The former is set out in Part 3 of the Swiss Code of Civil Procedure of 19 December 2008 (the ‘Swiss CCP’; minor revisions to Part 3 most recently took effect on 1 January 2025), while the latter is governed by Chapter 12 of the Swiss Private International Law Act of 18 December 1987 (the ‘PILA’; overhauled in 2021). Each framework addresses largely the same topics as the UNCITRAL Model Law on International Commercial Arbitration of 1985, as amended in 2006 (the ‘Model Law’), yet neither follows the Model Law’s architecture, preserving their autonomy and distinctive character. Swiss arbitration legislation applies solely to proceedings seated in Switzerland, which necessitates rules for fixing the seat. Article 176(3) PILA therefore provides, aiming to cater for all eventualities: ‘The seat of the arbitration shall be determined by the parties or by the arbitral institution designated by the parties, or, failing which, by the arbitral tribunal.’ A near-identical clause appears in Article 355(1) Swiss CCP...

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Dr Johannes Landbrecht

Walder Wyss

Johannes Landbrecht acts as counsel in complex international arbitration proceedings and also sits as arbitrator (e.g. under the ICC, LCIA, and Swiss Rules). Experienced in a wide variety of commercial disputes, under most of the leading arbitration rules, and involving more than a dozen different jurisdictions from around the globe, Johannes has developed expertise especially in energy and IP. He is qualified in civil law (Germany and Switzerland) as well as common law jurisdictions (Barrister, England & Wales, non-practising). He is recommended by clients and peers inter alia in WWL Future Leaders Arbitration and WWL Switzerland (Arbitration). For details see...

Web page updated on 22/05/2026

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