Arbitration Law of Switzerland: Practice & Procedure

Chapter 1:
INTRODUCTION 
1.1 History and Current Legislation on Arbitration
1.1.1 Historical Evolution of Law Relating to Arbitration
1.1.2 Current Law
1.1.3 Law Reform Projects
1.1.4. Confidentiality and Publication of Awards
1.2 Arbitration Infrastructure and Practice in Switzerland

Chapter 2:
CURRENT LAW AND PRACTICE 
2.1 Arbitration Agreement
2.1.1 Validity of Arbitration Agreements
2.1.2. Enforcing Arbitration Agreements
2.1.3 Extension of Arbitration Agreements to Third Parties
2.1.4 Termination and Breach
2.2 Doctrine of Separability
2.3 Jurisdiction
2.3.1 The Arbitral Tribunal’s Decision on Jurisdiction
2.3.2 Competence-Competence
2.3.3 Jurisdiction in the Context of Parallel Proceedings
2.4 Arbitrability
2.4.1 Notion of Arbitrability
2.4.2 Objective Arbitrability
2.4.3 Subjective Arbitrability and Capacity
2.5 Arbitral Tribunal
2.5.1 Appointment of Arbitrators
2.5.2 Challenge and Removal
2.5.3 Arbitrator Liability and Immunity
2.6 Conducting the Arbitration
2.6.1 Law Governing the Procedure
2.6.2 Conduct of the Arbitration
2.6.3 Taking of Evidence
2.6.4 Interim Measures of Protection
2.6.5 Interaction between National Courts and Arbitral
Tribunals
2.6.6 Participation of Third Parties
2.6.7 Consolidation of Arbitral Proceedings
2.6.8 Law and Rules of Law Applicable to the Merits
2.6.9 Costs
2.7 Arbitral Award
2.7.1 Types of Awards
2.7.2 Form Requirements
2.7.3 Decision Making
2.7.4 Effects of the Award
2.7.5 Correction, Supplementation, and Amendment
2.8 Challenge and Other Actions against the Award
2.8.1 Setting Aside
2.8.2 Revision of the Award

Chapter 3
RECOGNITION AND ENFORCEMENT OF AWARDS
3.1 Awards Rendered in Switzerland
3.1.1 Certificate of Enforceability
3.1.2 Enforcement Procedure
3.2 Foreign Awards
3.2.1 Statutory Regime
3.2.2 Distinction between Recognition and Enforcement
3.2.3 Application of the New York Convention by Local
Courts

Chapter 4
THE SWISS RULES OF INTERNATIONAL ARBITRATION
AND THE PRACTICES OF THE SWISS CHAMBERS’
ARBITRATION INSTITUTION
4.1 History and Background
4.2 Institutional Structures and Their Role
4.3 Scope of Application of the Swiss Rules
4.4 Initiating an Arbitration
4.5 Arbitrators
4.6 Designing and Conducting Efficient Proceedings
4.7 Registration Fee, Arbitrators’ Fees, Administrative Costs and
Other Costs
4.8 Other Salient Features of the Swiss Rules
4.9 Statistics and Conclusion
4.10 Model Arbitration Clause

APPENDIX
Major Arbitration Institutions
Cases
Bibliography
Swiss Rules of International Arbitration

INDEX

PHILIPPE BÄRTSCH is a Partner in Schellenberg Wittmer’s international arbitration group in Geneva. He has acted as counsel and arbitrator in numerous international arbitration proceedings, both ad hoc and institutional (ICC, LCIA, AAA/ICDR and Swiss Rules), involving a wide array of matters such as: share purchase and asset purchase transactions, joint ventures, sales and distribution contracts, license agreements, construction and infrastructure projects, and collateral
management agreements. He has represented clients from around the world in a wide range of industries, including in the energy, telecommunications, pharmaceutical, construction, food, luxury goods, and commodity trading sectors. Philippe Bärtsch also advises clients on Swiss contract law issues and on arbitration-related matters, including drafting of arbitration agreements, challenges of arbitral awards before the Swiss Supreme Court, and enforcement of arbitral awards. He has also experience in international trade sanctions. 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 co-chairs the Marketing Committee of the Swiss Arbitration Association, as well as the Y.A.P. (Young Arbitration Practitioners).

DOROTHEE SCHRAMM is a Senior Associate in the International Arbitration Group of Sidley Austin LLP in Geneva. She has acted as counsel before international arbitral tribunals in all phases of complex commercial disputes relating to a broad range of industries and transactions, including, for example, disputes arising from large infrastructure and energy projects, international joint ventures, manufacturing and sales contracts, distribution agreements and contracts for services. In addition, Dr. Schramm advises and represents clients in connection with the setting aside or enforcement of arbitral awards, as well as on questions of private international law and Swiss and German contract law. In addition, Dr. Schramm has served as chairperson, sole arbitrator and party-appointed arbitrator. Dr. Schramm holds a law degree from the University of Göttingen (Germany, 2001) and a doctorate of laws from the University of Lucerne (Switzerland, 2004).
She was admitted to the bar in Switzerland in 2007. Dr. Schramm has published mainly in the areas of international arbitration and private international law, including issues of jurisdiction in international matters and the recognition and enforcement of foreign decisions. She is a member of several professional associations, including the Swiss Arbitration Association and ASA below 40, the German Institution of Arbitration and DIS40, the Austrian Arbitration Association, the Young
Austrian Arbitration Practitioners, Young ICCA, ArbitralWomen, the International Bar Association, the Geneva Bar Association and the Zurich Bar Association. Dr. Schramm is currently serving as a member of the Global Advisory Board of ICDR Young & International.