Introduction and Model Arbitration Clause - Swiss Rules of International Arbitration - 2nd Edition

Author(s):

Sébastien Besson

Nina Thommesen

Page Count:

14 pages

Media Description:

1 PDF Download

Published:

August, 2013

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Model Arbitration Clause

Any dispute, controversy, or claim arising out of, or in relation to, this

contract, including the validity, invalidity, breach or termination

thereof, shall be resolved by arbitration in accordance with the Swiss

Rules of International Arbitration of the Swiss Chambers' Arbitration

Institution in force on the date on which the Notice of Arbitration is

submitted in accordance with these Rules.

The number of arbitrators shall be … ("one", "three", "one or three");

The seat of the arbitration shall be … (name of city in Switzerland, unless

the parties agree on a city in another country);

The arbitral proceedings shall be conducted in … (insert desired language).

Introduction

(a) In order to harmonize their rules of arbitration the Chambers of

Commerce and Industry of Basel, Bern, Geneva, Neuchâtel, Ticino,

Vaud and Zurich in 2004 replaced their former rules by the Swiss

Rules of International Arbitration (hereinafter the "Swiss Rules" or

the "Rules").

(b) For the purpose of providing arbitration services, the Chambers

founded the Swiss Chambers' Arbitration Institution. In order to

administer arbitrations under the Swiss Rules, the Swiss Chambers'

Arbitration Institution has established the Arbitration Court

(hereinafter the "Court"), which is comprised of experienced international

arbitration practitioners. The Court shall render decisions

as provided for under these Rules. It may delegate to one or more

members or committees the power to take certain decisions pursuant

to its Internal Rules1. The Court is assisted in its work by the

Secretariat of the Court (hereinafter the "Secretariat").