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Swiss Rules of International Arbitration, 2nd Edition

Swiss Rules of International Arbitration, 2nd Edition

  • 作者:
  • 出版商: Juris Publishing
  • ISBN: 9781937518172
  • 出版时间 August 2013
  • 规格: Paperback , 592 pages
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 作者 
  • 详细

    This second edition of the first comprehensive commentary on the Swiss Rules of International Arbitration covers the new version of these rules which entered into force on 1 June 2012. It is a practical guide for arbitrators, counsel, state courts and persons involved in the conduct and administration of arbitral proceedings under the Swiss Rules.

    This commentary presents the new version of the Swiss Rules from a double perspective. On the one hand, it emphasizes the relationship between these Rules and the Swiss legal regime governing international arbitration, namely the provisions of chapter 12 of the Swiss Private International Law Statute. On the other hand, it puts these Rules in an international perspective by comparing them with the corresponding provisions of the other major institutional rules (ICC, LCIA, SCC, DIS, VIAC, SIAC, HKIAC, CIETAC, AAA/ ICDR, WIPO and ICSID) and with the provisions of the former edition of the rules. Finally, it highlights the main differences between the Swiss Rules and the UNCITRAL Arbitration Rules which were revised in 2010.

    This book is written by arbitration practitioners based in Switzerland who work with established law firms, widely experienced in international commercial arbitration. It is the work of a refreshing new generation of Swiss arbitration specialists. Two of the editors were members of the working group for the revision of the Swiss Rules and thus bring special insight into the book about the revision process.

  • Preface 
    Table of Contents 
    List of Editors and Authors 
    List of Abbreviations 
    Bibliography

    General Literature 
    Specific Literature

    Introduction and Model Arbitration Clause

    I. Introductory Rules
    Scope of Application (Art. 1) 
    Notice, Calculation of Periods of Time (Art. 2) 
    Notice of Arbitration and Answer to the Notice of Arbitration (Art. 3) 
    Consolidation and Joinder (Art. 4)

    II. Composition of the Arbitral Tribunal 
    Confirmation of Arbitrators (Art. 5) 
    Number of Arbitrators (Art. 6) 
    Appointment of a Sole Arbitrator (Art. 7) 
    Appointment of Arbitrators in Bi-Party or Multi-Party Proceedings (Art. 8) 
    Independence and Challenge of Arbitrators (Art. 9-11) 
    Article 9 
    Article 10 
    Article 11
    Removal of an Arbitrator (Art. 12) 
    Replacement of an Arbitrator (Art. 13-14) 
    Article 13 
    Article 14

    III. Arbitral Proceedings 
    General Provisions (Art. 15) 
    Seat of the Arbitration (Art. 16) 
    Language (Art. 17) 
    Statement of Claim (Art. 18) 
    Statement of Defence (Art. 19) 
    Amendments to the Claim or Defence (Art. 20) 
    Objections to the Jurisdiction of the Arbitral Tribunal (Art. 21) 
    Further Written Statements (Art. 22) 
    Periods of Time (Art. 23) 
    Evidence and Hearings (Art. 24-25) 
    Article 24 
    Article 25 
    Interim Measures of Protection (Art. 26) 
    Tribunal-Appointed Experts (Art. 27) 
    Default (Art. 28) 
    Closure of Proceedings (Art. 29) 
    Waiver of Rules (Art. 30)

    IV. The Award 
    Decisions (Art. 31) 
    Form and Effect of the Award (Art. 32) 
    Applicable Law, Amiable Compositeur (Art. 33) 
    Settlement or other Grounds for Termination (Art. 34) 
    Interpretation of the Award (Art. 35-36) 
    Correction of the Award (Art. 36) 
    Additional Award (Art. 37) 
    Costs (Art. 38-40) 
    Article 38 
    Article 39 
    Article 40 
    Deposit of Costs (Art. 41)

    V. Other Provisions 
    Expedited Procedure (Art. 42) 
    Emergency Relief (Art. 43) 
    Confidentiality (Art. 44) 
    Exclusion of Liability (Art. 45)

    Appendix A: Offices of the Secretariat of the Arbitration Court 

    Appendix B: Schedule of Costs (effective as of 1 June 2012) 

    Index

  • About the Editors

    Tobias Zuberbühler is a Partner with Lustenberger Attorneys at Law in Zurich. He regularly publishes and holds presentations in the field of international arbitration. Mr. Zuberbühler is former President of the International Arbitration Commission of AIJA (Association International des Jeunes Avocats).

    Christoph Müller is Professor for Private Law at the University of Neuchâtel. He is a Member of the Arbitration Court under the Swiss Rules of International Arbitration and a Member of the Working Group for the Revision of the Swiss Rules of International Arbitration

    Philipp Habegger is a Partner with Walder Wyss and Partners in Zurich. He is a Court Member of the ICC International Court of Arbitration and the Arbitration Committee of the Swiss Rules of International Arbitration. He is a former Vice Chair of the Arbitration Committee of the International
    Bar Association. 

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