Originally from Dispute Resolution Journal

This article analyzes the benefits of Swiss law, which allows judges to serve as arbitrators and as nominators of arbitrators. Though this concept is not unique to Switzerland, the extent to which it is realized under Swiss law is worthy of discussion. Arbitration law and practice in Zurich, one of the cantons that has not adopted the rules of a Uniform Arbitration Act passed in 1969, are compared with the law and practice under the Concordat or act. Both the Concordat and the Zurich system provide for a mechanism to ensure that an arbitration proceeds in the event that there is a problem in appointing arbitrators. The author argues that the extent of the guarantee of judicial assistance, in the event of a breakdown in the formation of an arbitral tribunal, is one reason why Switzerland is used extensively as an arbitration site.