If the seat of the arbitral tribunal is in Switzerland and if, at the time of the conclusion of the arbitration agreement, at least one of the parties had neither its domicile nor its habitual residence in Switzerland, the arbitration is governed by the provisions of private international law (chapter 12).
Since 1 January 2004, has been making available to the parties concerned the Swiss Rules of International Arbitration of the Swiss Chambers of Commerce (hereinafter called, Swiss Rules) and notably the following 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 of Commerce in force on the date when the Notice of Arbitration is
submitted in accordance with these Rules.
The number of arbitrators shall be ... (one or three);
The seat of the arbitration shall be ... (name of city in Switzerland, unless the
parties agree on a city abroad);
The arbitral proceedings shall be conducted in ..… (insert desired language).”
The Swiss Rules are based are based on the UNCITRAL Arbitration Rules, to which two types of changes and additions have been made: on the one hand, changes and additions required to adapt the UNCITRAL Arbitration Rules to institutional arbitration; and on the other hand, changes and additions reflecting modern practice and comparative law in the field of international arbitration. A comparison document, in which the modifications to the UNCITRAL rules are shown in italics, can be downloaded here.
If the parties so agree or if certain provisions of the Swiss Rules are applicable (notably if the amount in dispute representing the aggregate of the claim and the counterclaim does not exceed CHF 1,000,000), the arbitral proceedings shall be conducted in accordance with an expedited procedure (article 42 of the Swiss Rules): the arbitral award shall be made within six months from the date when the file was transmitted to the arbitral tribunal.
The cost of international arbitration consists of registration fees, administrative costs and the arbitrators’ fees.
Click here to determine the costs related to your dispute.
Downloads:
- Swiss Rules of International Arbitration (French, German, English, Italian, Spanish, Portuguese, Turkish, Russian, Czech, Croatian, Chinese and Arabic)
- International arbitration clause (French, German, English, Italian, Spanish, Portuguese, Turkish, Russian, Czech, Croatian, Chinese and Arabic)
- Federal statute on private international law, chapter 12 (French, German, Italian, English, Russian, Spanish and Czech)
Contacts :
Norma Streit-Luzio, person in charge
Sonia Delgado, assistante
Tél. +41 (0) 21 613 35 31
Fax +41 (0) 21 613 35 05
Email : droit@cvci.ch