Originally from Baker and McKenzie International Arbitration Yearbook 2014-2015

A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Guidelines for Arbitrators

The arbitration court of the Swiss Chambers Arbitration Institution (the “Court”) recently issued the “Guidelines for Arbitrators” (the “Guidelines”), which became effective on August 1, 2014. The Court is the administering body for arbitrations conducted under the Swiss Rules of International Arbitration of the Swiss Chambers of Commerce (the “Swiss Rules”). The main goal of the Guidelines is to control and reduce the cost of arbitrations, and their key principles are as follows:

The arbitral tribunal may, after consulting with the parties, appoint an administrative secretary (Article 15(5) Swiss Rules). When requesting a deposit (Article 41 of the Swiss Rules), the arbitral tribunal must ensure that any administrative costs are included. This should prevent surprises for the parties regarding supplemental administrative costs.

Principles relating to the reasonableness of arbitrators’ expenses are set out as follows:

Travel expenses, rental of hearing rooms and equipment, expenses for an interpreter and/or court reporter, courier fees and expenses of any expert appointed by the tribunal are to be reimbursed against receipts. General office expenses and overheads are not to be claimed. Each arbitrator or secretary is entitled to a flat rate daily allowance to cover all personal living expenses for each day spent outside his or her usual place of business (CHF300 per day or, if hotel accommodation is needed, CHF800 per day). All other costs are at the arbitral tribunal’s own expense.

To protect an emergency arbitrator from having to advance costs, he or she may request the applicant for emergency relief and/or the party requesting a specific expense to directly pay the provider of the requested service (airline, travel agent, hotel, etc.).

Each member of the tribunal is required to record time spent from the time the file is transmitted.

Advance payments to the arbitrators and/or secretary are only approved by the Court once significant steps in the arbitration have been achieved.