The Swiss Rules of International Arbitration have been drafted very cautiously to be efficient, flexible and cost effective for international...
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Are there any rules that govern civil procedure in your jurisdiction? Switzerland is a civil law jurisdiction. Accordingly, the primary sources of legal authority are written codes and statutes, whereas case law is of less importance than in common law jurisdictions. The SCCP comprehensively governs civil procedure in Switzerland and domestic arbitration proceedings. What are the various levels of appeal and are there any specialist courts?
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According to Article 2 of the Federal Statute on Private International Law, the court will then apply, by analogy, the provision of the Civil Procedure Code on the appointment, removal or replacement of arbitrators. However, it is possible that single arbitrations may be more efficient for an individual disputant.
If these conditions are met and enforcement is granted, the assets may be seized provided there is no bilateral or other treaty between the concerned state and Switzerland containing specific provisions rendering the assets in question immune from enforcement eg, article 22 of the Vienna Convention on Diplomatic Relations.
Are there any rules on costs budgeting? Seat or place of arbitration If your jurisdiction is selected as the seat of arbitration, may hearings and procedural meetings be conducted elsewhere?
Arbitration in Switzerland - Lexology
The applicant appealed this decision by contesting the evidentiary weight to be given to this Note.
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To the extent that the parties did not agree that they should be kept confidential, and provided that they were lawfully obtained, such documents can, in theory, be relied upon in other proceedings. However, the Swiss Federal Supreme Court rejected the appeal. The principle of competence-competence is recognised in Article 1 of the Federal Statute on Private International Law. Some courts take a flexible approach and distribute the cases randomly but in consideration of the strengths and specialised areas of the judges.
Swiss courts cannot order parties to resort to mediation, but they can encourage them to do so. However, such liability is considered to be limited to gross negligence and intentional misconduct when the arbitrators are acting in their judicial capacity. The designated Swiss court must honour an exclusive jurisdiction clause, unless none of the parties is domiciled in a Member State of the Lugano Convention and the law applicable to the merits of the case is not Swiss law.
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If so, are there any limitations to the arbitrability of such claims or requirements that must be met before such claims may be arbitrated? As a consequence, the Geneva Convention has had no effect since Sign up for email updates to this Guide.
Consolidation may be of various types: Third-party funding Is third-party funding permitted in your jurisdiction? In particular, arbitrators must meet the qualifications agreed upon by the parties, be independent and impartial, and remain so throughout the arbitration process. For instance, the court may restrict access to certain documents.