International arbitration law and practice in switzerland pdf
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Arbitration in Switzerland
For more than a century, Switzerland has been one of the preferred venues for hosting international arbitrations. The Swiss Arbitration Law — which is not based on the UNCITRAL Model Law although there are no fundamental differences — gives paramount importance to party autonomy for most issues and, in the absence of an agreement between the parties, allows for wide discretion of the arbitral tribunal. The Swiss Arbitration Law is currently under revision see last chapter for further information on the revision. As Switzerland withdrew its reciprocity reservation in , the recognition and enforcement of awards rendered by an arbitral tribunal seated in a non-member state of the New York Convention is also governed by the New York Convention. There are different arbitration and arbitration-related institutions active in Switzerland. The Swiss Rules, initially adopted in , were based on the UNCITRAL Arbitration Rules, to which changes and additions necessary for institutional arbitrations, as well as to reflect modern practice and comparative law in international arbitration, have been made.
Agrimpex SA v. Decision No. Yearbook Commercial Arbitration IV Commonwealth Coatings Corp. Continental Casualty Co , US , Encyclopaedia Universalis S.
A convenient, neutral location, with a long-standing tradition of arbitration, arbitration-friendly legislation, arbitration-supportive courts, and an exemplary infrastructure — for all of these reasons, parties often choose Switzerland as their preferred seat of arbitration. Switzerland continues to therefore play a leading role in the field of arbitration. Keeping in line with the first edition, this second edition describes in detail each phase of arbitral proceedings, from drafting the arbitration clause to challenge and enforcement of the award. The second edition continues to pay close attention to all aspects, including procedure before the arbitral tribunal, interim measures, confidentiality, the mediation alternative, and many other topics. Many new decisions of the Swiss Federal Tribunal relating to arbitration are also considered, as is legal commentary.
Seeidylle am Zauberwald
ICLG - International Arbitration Laws and Regulations - Switzerland covers common issues in international arbitration laws and regulations — including arbitration agreements, governing legislation, choice of law rules, selection of arbitral tribunal, preliminary relief and interim measures — in 34 jurisdictions. This Chapter is currently undergoing slight revision to incorporate case law and add some novel aspects, probably entering into force in The respective text is in italics. Article PILA provides that the arbitration agreement must be in text form and must comply as to substance with one of three sets of potentially applicable laws. First, as to form, the arbitration agreement must be in a form allowing it to be evidenced by a text originating from all parties to be bound by the arbitration agreement, e.
Guide to International Arbitration 5 neutral dispute resolution e. Confidentiality: Although the degree of confidentiality afforded by the arbitration law of different jurisdictions absent express provision by the parties varies, there. It contains a systematic and concise treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral ivmarkt. It was touted as updating the law of. International Arbitration Law and Practice, 3rd edition elaborates new concepts such as a definition of international arbitration based on procedural law different from transnational law and a doctrine the tronc commun doctrine to identify the applicable substantive law on disputes between parties belonging to different countries.
A number of leading books on international arbitration have been made available online in recent years, providing a large virtual library that may be easily consulted. While the number of pages of text that can be viewed tends to be limited, a considerable amount of detailed information may nevertheless be accessed. Croft, C. Kee and J. Heilbron This book, which is relevant for arbitrations with their seat in London, provides an overview of the English legal system and practice of law, as well as practical advice concerning how arbitration proceedings take place under the Arbitration Act. Brekoulakis Not every dispute is arbitrable, that is to say capable of resolution via arbitration. This book explores the concept of arbitrability under the New York Convention and various national laws, and also examines the limits of arbitration with respect to specific classes of disputes, such as those concerning taxes and insolvency.
the Federal Government16), all cantonal laws on arbitration, to the extent they apply to international disputes (i.e. in practice the Swiss Concordat) will lose.
International Arbitration 2020 | Switzerland
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