Background of the 2012 Revision: What Were the Main Objectives? - Ten Years of Swiss Rules of International Arbitration - ASA Special Series No. 44

Author(s):

Christoph M. Müller

Page Count:

6 pages

Media Description:

1 PDF Download

Published:

October, 2014

Jurisdictions:

Practice Areas:

PDF560.98 KB

$40.00

Description:

Preview Page

1. INTRODUCTION

What were the main objectives of this first revision, only a few

years after the entry into force of the Swiss Rules of International

Arbitration (hereinafter Rules)?

1. Strengthen the supervisory powers conferred upon the

arbitral institution;

2. Accelerate the proceedings;

3. Achieve even more flexibility for the arbitral tribunal;

4. Facilitate the consolidation of several proceedings;

5. Improve the control of the costs by the arbitral institution;

6. Grant an emergency relief by emergency arbitrators;

7. Extend the scope of application to domestic arbitration.

Despite these main objectives, the 2012 revision was only a partial

and not a general one. The aim was to add improvements based on the

several years of experience under the 2004 Rules. The Working Group

did not have a more ambitious target simply because the 2004 Rules

have by and large worked well. This is also why the starting point of

the revision was the former text of the Swiss Rules and not the

amended UNCITRAL Arbitration Rules (as revised in 2010).

2. STRENGTHEN THE SUPERVISORY POWERS OF THE

ARBITRAL INSTITUTION

The 2004 Rules were based on the 1976 UNCITRAL Arbitration

Rules, which were designed for ad hoc proceedings. The 2004 version

thus already contained several new elements adapting the UNCITRAL

ad hoc model to institutional arbitration. This endeavour has been

further developed by the following measures in the 2012 revision.