Lex Mundi Global Arbitration Institutions Guide |
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Switzerland |
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(Europe)
Firm
Pestalozzi
Contributors
Thomas Rohner |
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| Name of Arbitral Institution; with abbreviation, if any. | Swiss Chambers' Arbitration Institution |
| Where is the seat of the Arbitral Institution? | Basel, Bern, Geneva, Lausanne, Lugano, Neuchâtel and Zurich |
| Is there an umbrella organization for the Arbitral Institution? | The Chambers of Commerce and Industry of Basel, Bern, Geneva, Lausanne, Lugano, Neuchâtel and Zurich |
| How is the Arbitral Institution structured? | The Swiss Chambers' Arbitration Institution established the Arbitration Court, which is comprised of approx. 30 international arbitration practitioners. The Arbitration Court, supported by its Secretariat, administrates and supervises the arbitration cases according to the Swiss Rules of International Arbitration ("Swiss Rules") and the Chambers' internal rules (e.g. challenge or removal of arbitrators, approval of costs, et cetera). |
| Is there a compulsory list of arbitrators that parties are required to choose from? | No. |
| Can the place of arbitration freely be chosen by the parties? Is there a default place of arbitration? | The seat and the place of the arbitration can freely be chosen by the parties. Absent any party agreement, there is no default place of arbitration, but the Arbitration Court shall determine the seat of the arbitration considering the relevant circumstances of the case. |
| What is the amount of the registration fee? | CHF 4'500.00 if the amount in dispute does not exceed CHF 2'000'000.00; CHF 6'000.00 if the amount in dispute is between CHF 2'000'001.00 and CHF 10'000'000.00; CHF 8'000.00 if the amount in dispute exceeds CHF 10'000'000.00. The registration fee is non-refundable. |
| What is the average cost of an arbitration in the following cases? 1 arbitrator, amount in dispute = $1 million | Registration fee: CHF 4'500.00; Arbitrator's fee: CHF 23'870-83'478.00; no Administrative costs. Average total costs: CHF 58'174, excluding costs for party counsel. |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $10 million | Registration fee: CHF 6'000.00; Arbitrator's fee: CHF 150'174.00-596'738.00; Administrative costs: CHF 19'826.00. Average total costs: CHF 399'282.00, excluding costs for party counsel |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $100 million | Registration fee: CHF 8'000.00; Arbitrator's fee: CHF 374'695.00-1'121'085.00; Administrative costs: CHF 49'913.00. Average total costs: CHF 805'803.00, excluding costs for party counsel |
| Who pays advances on costs? What happens in the event of default? | The advances of costs are borne by each party in equal shares. In case of default, the arbitral tribunal may order the suspension or termination of the arbitration. Where a Respondent submits a counterclaim or it otherwise appears appropriate in the circumstances, the arbitral tribunal may in its discretion establish separate deposits. |
| Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones? | Once constituted, the conduct of proceedings is up to the arbitral tribunal's discretion. There are only a few formalistic procedures that must be complied with: Provisional timetable and the award (or termination order) must be pre-approved by the Arbitration Court in terms of costs. |
| Which languages can be used for communication with the Arbitral Institution? | There are no official communication languages, but the institution may request to submit a translation if the notice of arbitration is not submitted in English, German, French or Italian. |
| Who is the main point of contact for the parties within the Arbitral Institution? | The Secretariat. |
| Are there restrictions on the language that the arbitration may be conducted in? | No. |
| Who appoints substitute arbitrators? | Absent any party agreement, substitute arbitrators are appointed by the Arbitration Court. |
| Are there specific regulations for multi-party arbitrations or joinders to the proceedings? | The joinder of a third party is governed in article 4 (2) Swiss Rules whereby the decision whether or not to admit the joinder to the proceedings is up to the tribunal's discretion. Regarding multi-party arbitrations, there are some special provisions for the appointment of the arbitrators (article 8 Swiss Rules). |
| Are oral hearings compulsory? | No. |
| What are common evidence-taking practices? | Absent any party agreement, the arbitral tribunal is competent to determine the rules for evidence-taking. Often the IBA Rules on the Taking of Evidence are used as guidelines; oral witness testimony, document production etc are common. |
| What is the average duration of arbitration proceedings? | Many proceedings last between 12 and 24 months; proceedings under the Expedited Procedure are significantly faster. |
| What is the timeframe for rendering the award? | There is no fixed time frame for arbitration proceedings, unless for the Expedited Procedure (see later). |
| Are extensions to time limits permissible? | Yes. |
| Can the arbitral tribunal impose interim measures? Is there a competing competency of the ordinary courts with regard to interim measures? | Unless agreed otherwise, the arbitral tribunal may impose interim measures. The state courts have competed for competence to impose interim measures (it is unclear whether parties can exclude the state court's competency by agreement). In addition, parties can refer to state courts to enforce interim measures imposed by the arbitral tribunal, if the counterparty does not comply voluntarily with such orders. |
| Do the institutional rules provide for an emergency arbitrator? | Yes, cf. Article 43 Swiss Rules. |
| Are there any specific regulations for expedited proceedings? If so, is there a deadline for rendering such an award? | Article 42 Swiss Rules, provides for the Expedited Procedure, which applies - inter alia - if the parties so agree or if the amount in dispute does not exceed CHF 1'000'000.00. An award must be rendered within six months from the date on which the Secretariat transmitted the file to the arbitral tribunal, whereas the Arbitration Court may extend this time limit. |
| Are arbitral awards submitted for scrutiny? If so, to whom? | The Arbitration Court must pre-approve the award regarding costs. |
| Do costs necessarily follow the event? | Absent any party agreement, the arbitral tribunal has broad discretion in this regard. The costs will usually be borne by the unsuccessful party, but the arbitral tribunal may order a different apportion pending on the circumstances of the case. |
| Can an arbitral award be annulled in your jurisdiction? If yes, do the reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention? | There is only one instance of annulment, the Swiss Federal Supreme Court. The reasons for annulment are very narrow and do in substance correspond to the reasons for the denial of enforcement according to the New York Convention. If all the parties are foreign, they can waive the right for annulment procedures. |
| Link to institutional rules | https://www.swissarbitration.org/files/33/Swiss-Rules/SRIA_EN_2017.pdf |
| Link to model clause | https://www.swissarbitration.org/Arbitration/Arbitration-clauses |
Lex Mundi Global Arbitration Institutions Guide
Swiss Chambers' Arbitration Institution
Basel, Bern, Geneva, Lausanne, Lugano, Neuchâtel and Zurich
The Chambers of Commerce and Industry of Basel, Bern, Geneva, Lausanne, Lugano, Neuchâtel and Zurich
The Swiss Chambers' Arbitration Institution established the Arbitration Court, which is comprised of approx. 30 international arbitration practitioners. The Arbitration Court, supported by its Secretariat, administrates and supervises the arbitration cases according to the Swiss Rules of International Arbitration ("Swiss Rules") and the Chambers' internal rules (e.g. challenge or removal of arbitrators, approval of costs, et cetera).
No.
The seat and the place of the arbitration can freely be chosen by the parties. Absent any party agreement, there is no default place of arbitration, but the Arbitration Court shall determine the seat of the arbitration considering the relevant circumstances of the case.
CHF 4'500.00 if the amount in dispute does not exceed CHF 2'000'000.00; CHF 6'000.00 if the amount in dispute is between CHF 2'000'001.00 and CHF 10'000'000.00; CHF 8'000.00 if the amount in dispute exceeds CHF 10'000'000.00. The registration fee is non-refundable.
Registration fee: CHF 4'500.00; Arbitrator's fee: CHF 23'870-83'478.00; no Administrative costs. Average total costs: CHF 58'174, excluding costs for party counsel.
Registration fee: CHF 6'000.00; Arbitrator's fee: CHF 150'174.00-596'738.00; Administrative costs: CHF 19'826.00. Average total costs: CHF 399'282.00, excluding costs for party counsel
Registration fee: CHF 8'000.00; Arbitrator's fee: CHF 374'695.00-1'121'085.00; Administrative costs: CHF 49'913.00. Average total costs: CHF 805'803.00, excluding costs for party counsel
The advances of costs are borne by each party in equal shares. In case of default, the arbitral tribunal may order the suspension or termination of the arbitration. Where a Respondent submits a counterclaim or it otherwise appears appropriate in the circumstances, the arbitral tribunal may in its discretion establish separate deposits.
Once constituted, the conduct of proceedings is up to the arbitral tribunal's discretion. There are only a few formalistic procedures that must be complied with: Provisional timetable and the award (or termination order) must be pre-approved by the Arbitration Court in terms of costs.
There are no official communication languages, but the institution may request to submit a translation if the notice of arbitration is not submitted in English, German, French or Italian.
The Secretariat.
No.
Absent any party agreement, substitute arbitrators are appointed by the Arbitration Court.
The joinder of a third party is governed in article 4 (2) Swiss Rules whereby the decision whether or not to admit the joinder to the proceedings is up to the tribunal's discretion. Regarding multi-party arbitrations, there are some special provisions for the appointment of the arbitrators (article 8 Swiss Rules).
No.
Absent any party agreement, the arbitral tribunal is competent to determine the rules for evidence-taking. Often the IBA Rules on the Taking of Evidence are used as guidelines; oral witness testimony, document production etc are common.
Many proceedings last between 12 and 24 months; proceedings under the Expedited Procedure are significantly faster.
There is no fixed time frame for arbitration proceedings, unless for the Expedited Procedure (see later).
Yes.
Unless agreed otherwise, the arbitral tribunal may impose interim measures. The state courts have competed for competence to impose interim measures (it is unclear whether parties can exclude the state court's competency by agreement). In addition, parties can refer to state courts to enforce interim measures imposed by the arbitral tribunal, if the counterparty does not comply voluntarily with such orders.
Yes, cf. Article 43 Swiss Rules.
Article 42 Swiss Rules, provides for the Expedited Procedure, which applies - inter alia - if the parties so agree or if the amount in dispute does not exceed CHF 1'000'000.00. An award must be rendered within six months from the date on which the Secretariat transmitted the file to the arbitral tribunal, whereas the Arbitration Court may extend this time limit.
The Arbitration Court must pre-approve the award regarding costs.
Absent any party agreement, the arbitral tribunal has broad discretion in this regard. The costs will usually be borne by the unsuccessful party, but the arbitral tribunal may order a different apportion pending on the circumstances of the case.
There is only one instance of annulment, the Swiss Federal Supreme Court. The reasons for annulment are very narrow and do in substance correspond to the reasons for the denial of enforcement according to the New York Convention. If all the parties are foreign, they can waive the right for annulment procedures.