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

Published: 10 February 2005

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.

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Insights 04.08.2026

Switzerland steps up: Federal Patent Court affirms cross-border reach in patent litigation

Switzerland steps up: Federal Patent Court affirms cross-border reach in…

<p><strong>Switzerland as a forum for cross-border patent enforcement: the Federal Patent Court confirms its reach</strong></p> <p class="MsoBodyText">In a landmark decision of 17 July 2026 (S2025_003), the Swiss Federal Patent Court has sent a clear signal: Switzerland is very much in the game when it comes to cross-border patent enforcement. The Court confirmed that claims for infringement of foreign patent designations can be heard at the defendant’s Swiss domicile and established a powerful principle of parallel infringement analysis across all EPC member states. For patent holders pursuing multi-jurisdictional strategies, Switzerland must be on the map.</p> <p class="MsoBodyText">The case arose from interim proceedings brought by Regeneron Pharmaceuticals, Inc., Bayer HealthCare LLC and Bayer Consumer Care AG against Sandoz Group AG, Sandoz AG and Sandoz Pharmaceuticals AG. The claimants sought a pan-European injunction against the distribution of Sandoz’ aflibercept biosimilar, relying on both the Swiss designation and multiple foreign designations of a European patent. The case thus presented the Court with a textbook scenario for testing Switzerland’s credentials as a cross-border patent litigation forum.</p> <p class="MsoBodyText">The Court rose to the occasion, delivering clear guidance on two issues that matter for any cross-border patent strategy:</p>

Insights 23.04.2026

Swiss Federal Supreme Court holds Swiss Russia sanctions are overriding mandatory law and can bar enforcement of arbitral awards

Swiss Federal Supreme Court holds Swiss Russia sanctions are overriding…

<p>In decision 4A_305/2025 of 13 March 2026, the Swiss Federal Supreme Court held that Swiss sanctions against Russia are overriding mandatory law and apply irrespective of the otherwise applicable law. The Court reasoned that the Swiss Ukraine Ordinance serves Switzerland’s core foreign-policy objectives and therefore applies as overriding mandatory law. In this case, the Court held that the sanctions barred enforcement of the award in Switzerland and treated the claim as unenforceable while the sanctions remain in force.</p>

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