Commentary to Art. 13 and 14 of the Swiss Rules of International Arbitration

Published: 10 February 2005
  • PEOPLE

    Partner, Head of Litigation and Arbitration
  • Expertise

    Litigation and Arbitration

This book represents the very first comprehensive commentary on the Swiss Rules of International Arbitration entered into force on January 1, 2004. It is a practical guide for arbitrators, party representatives, state courts and persons involved in the administration of arbitral proceedings under the Swiss Rules.

This commentary presents the new 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 and comparative perspective by comparing them with the corresponding provisions of the major institutional rules (ICC, LCIA,WIPO, etc.) and with the provisions of the former rules of the two most important Swiss Chambers of Commerce and Industry (Geneva and Zurich). Finally, it highlights the main differences to the UNCITRAL Arbitration Rules on which the new Swiss Rules are based.

This book is edited and written by young arbitration practitioners from Switzerland working with law firms having a long lasting and wide experience in international commercial arbitration. It represents the refreshing work of a new generation of Swiss arbitration practitioners.

  • 01 Apr 2025

    Internationale Schiedsgerichtsbarkeit und Kartellzivilrecht

    Neue Impulse und bestehende Herausforderungen für die Anspruchsdurchsetzung, Zurich-Geneva 2025

  • 09 Sep 2024

    Zur Parteirollenverteilung im Arresteinspracheverfahren nach Art. 278 SchKG

    in: Peroz A., Haldy J., Piotet D. (Hrsg.), Du Plaict aux plaideurs – Mélanges en l'honneur du Professeur Denis Tappy

Insights

Insights 14.02.2025

Swiss sanctions against Russia – Further alignment with the EU 15th Sanctions Package

Swiss sanctions against Russia – Further alignment with the EU 15th…

In a continued effort to align with European Union ("EU") sanctions, on 12 February 2025, the Swiss Federal Council implemented additional measures to align with the EU 15th sanctions package. The new Swiss restrictions, which primarily concern extended divestment deadlines and reinforced measures regarding court rulings involving Russian companies, came into force on 13 February 2025.

Insights 10.04.2024

Climate change landmark case – European Court of Human Rights condemns Switzerland for not doing enough against climate change

Climate change landmark case – European Court of Human Rights condemns…

In a historic ruling, the European Court of Human Rights ("Court") found that the European Convention on Human Rights ("Convention") encompasses a right to effective protection by the State authorities against the adverse effects of climate change. The Court found that Switzerland had failed to act in a timely and sufficient manner to adopt and implement relevant legislation and measures to mitigate climate change, violating Article 8 of the Convention. Although the judgment is final and binding, the Court did not order Switzerland to take specific measures to comply with the ruling. This new case law will undoubtedly have a significant symbolic and political impact. While the rights protected under the Convention are not directly applicable to private entities such as companies, the judgment may however add further momentum to so-called horizontal climate change lawsuits brought against private entities.

SEE ALL