Counsel's Perspective on the Swiss Rules - Ten Years of Swiss Rules of International Arbitration - ASA Special Series No. 44

Author(s):

Bennar Balkaya

Page Count:

8 pages

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1 PDF Download

Published:

October, 2014

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As a panel member, I was asked the following question: “When
selecting arbitration rules, as a party counsel, what speaks for and

what against choosing the Swiss Rules?” This article provides my

response, based on my own personal experience.

1. WHAT SPEAKS FOR THE SWISS RULES?

As a party counsel dealing mainly with commodity disputes in

the iron and steel market and as a frequent user of the Swiss Rules, I

opt for the Swiss Rules mainly due to the efficiency and the flexibility

of the proceedings.

1.1 Time Efficiency

Time, cost and efficiency might not always be sought by the

business users. However, given the current economic situation in the

world, such considerations do become more of an issue as business

users look for ways in tough times to cut down on costs but without

endangering efficiency and quality.

Time may be quite significant for parties in tight markets.

Especially in commodity trading, disputing parties cannot afford a

long-lasting dispute resolution process and need a speedy resolution.

These are my clients’ priority needs, which I have in mind when, as a

counsel, I advise my clients about the best possible arbitration rules. In

that respect Swiss Rules meet the needs of my clients.

The Swiss Rules stipulate that all participants in the arbitral

proceedings shall act in good faith, make every effort to contribute to

the efficient conduct of the proceedings and avoid unnecessary costs

and delays.1 In order to achieve that, the Swiss Rules were amended so

that the process for initiating arbitration and confirming arbitrators

was made more efficient and the time limits for paying deposits at the