Swiss Arbitration Centre (Swiss Chambers) - World Arbitration Reporter (WAR) - 2nd Edition
Philippe Bärtsch is a Senior Associate in Schellenberg Wittmer's International Arbitration Group in Geneva. He has acted as counsel in more than 30 international arbitrations involving a broad range of matters, including international construction contracts, joint venture agreements, sales and distribution contracts, license agreements, share purchase agreements and post-acquisition disputes. He has also represented parties before Swiss courts in arbitration-related court proceedings, such as judicial appointments of arbitrators or challenges of arbitral awards before the Swiss Supreme Court. Mr. Bärtsch holds a law degree from the University of Geneva Law School (2000) and a Master of Laws (LL.M.) from Harvard Law School (2004). He has been admitted to the Swiss Bar since 2002. He is a member of several professional associations, including the Geneva Bar Association, the Swiss Arbitration Association, the London Court of International Arbitration, the London Court of Arbitration Young International Arbitration Group, and the Harvard Club of Switzerland. He is an active member of the Marketing Committee of the Swiss Arbitration Association and co-chairs the Y.A.P. (Young Arbitration Practitioners).
Originally from World Arbitration Reporter (WAR) - 2nd Edition
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I. BASIC INFORMATION
A. History and Background
Switzerland's tryst with institutional arbitration dates back to the 19th century, with the first modern documented commercial arbitration conducted by the Geneva Chamber of Commerce, Industry and Services in 1886. Since then, Switzerland has established itself as a popular hub for international arbitration. The Swiss Rules of International Arbitration (the “Swiss Rules”) were introduced in 2004 as the product of a consolidated effort by various regional chambers of commerce and industry in Switzerland to harmonize their respective arbitration rules. A first revision of the Swiss Rules took effect on 1 June 2012 and applied to all arbitrations in which the notice of arbitration has been submitted on or after that date, unless the parties have agreed otherwise. In June 2021, following the conversion of the Swiss Chambers’ Arbitration Institution (SCAI) to the Swiss Arbitration Centre, the revised Swiss Rules of International Arbitration entered into force.
The Swiss Rules were initially modeled on the 1976 UNICTRAL Rules of Arbitration, to which two main types of changes and additions were made: first, changes required to adapt the 1976 UNCITRAL Arbitration Rules, which were designed for ad hoc arbitration, to institutional arbitration; second, changes and additions reflecting modern practice of international arbitration, including for example provisions on multi-party proceedings, consolidation and joinder, or the expedited procedure under which an award must be rendered within 6 months and which applies if the parties have agreed to it or if the amount in dispute does not exceed CHF 1 million. A guiding principle in drafting the Swiss Rules was efficiency and autonomy, thus fully enabling users to fashion proceedings that would serve their specific needs.
SWISS CHAMBERS’ COURT OF ARBITRATION AND MEDIATION (Swiss Chambers) - TABLE OF CONTENTS from World Arbitration Reporter (WAR) - 2nd Edition
SWISS CHAMBERS’ COURT OF ARBITRATION AND MEDIATION (Swiss Chambers)
I. BASIC INFORMATION
A. History and Background
B. Institutional Structures and Their Role
C. Scope of Application of the Swiss Rules
D. Model Arbitration Clause
E. Arbitrators
1. Number of arbitrators
2. Selection and appointment of arbitrators
3. Independence and challenge of arbitrators
4. Revocation and replacement of arbitrators
F. Costs, Fees and Other Service Charges
II. ARBITRAL PROCEDURE UNDER THE SWISS RULES
A. Other Salient Features of the Swiss Rules
1. Joinder of proceedings (Article 4(1))
2. Participation of third parties (Article 4(2))
3. Jurisdiction over set-off defenses
(Article 21(5))
4. Expedited procedure (Article 42)
B. Statistics and Conclusion
III. APPENDIX
A. Text of the Rules
B. Institution Contact Details
C. Bibliography