Expedited Procedure under Art. 42 Swiss Rules - Ten Years of Swiss Rules of International Arbitration - ASA Special Series No. 44

Author(s):

Thomas Rohner

Page Count:

16 pages

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Published:

October, 2014

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1. INTRODUCTION

This publication reflects a presentation given at the ASA Annual

Conference 2014. As the time provided for the presentation was

limited, this paper will not cover all aspects of this subject but will

rather highlight certain important points.

The Expedited Procedure was introduced in the 2004 version of

the Swiss Rules. In 2012, 40 percent of all Swiss Chambers’ arbitral

proceedings were conducted under the Expedited Procedure (Art. 42

Swiss Rules).1 Due to this positive reaction in the arbitration

community,2 the drafters of the 2012 Swiss Rules have appropriately

refrained from significantly modifying Art. 42 Swiss Rules.3 In light of

the popularity of the Expedited Procedure, this article will first deal

with the characteristics and the developments that have taken place

since the introduction of the Expedited Procedure. Afterwards, an

overview of the revised provision will follow. Finally, a selection of

particular issues related to the Expedited Procedure will be discussed

followed by a short conclusion.

2. CHARACTERISTICS AND DEVELOPMENTS

The Expedited Procedure provides for streamlined arbitral

proceedings, as opposed to the ordinary proceedings. Despite the

speed of the proceedings, the quality of the arbitrator’s work obviously

must be maintained. Art. 42 Swiss Rules provides for several features

to achieve this.

2.1 Scope of Application

In general, the Expedited Procedure applies to cases where the

amount in dispute does not exceed CHF 1,000,000 (Art. 42(2) Swiss