10 Years of Swiss Rules of International Arbitration - ASA Special Series No. 44
Author(s):
ISBN:
978-1-937518-49-3
Page Count:
330 pages
Published:
September, 2014
Practice Areas:
Jurisdictions:
On the occasion of the 10th anniversary of the Swiss Rules of International Arbitration, the ASA decided to devote its annual conference in January 2014 to this topic. This volume of the ASA Special Series contains the written versions of all the presentations given during this conference. Most of the contributions were based on the verbatim protocol which was prepared on the conference day and thus retain their informal speaking style.
In their 10 years of existence, the Swiss Rules have established themselves as modern arbitration rules, offering a user efficient and transparent arbitral proceedings. Probably the most distinguishing feature of the Swiss Rules with regard to the administration of the cases is their "light touch" as applied by the Swiss Chambers' Arbitration Institution, reserving however a supervisory function for its Court.
This volume is structured along the panels of the conference. The first panel addressed the history and the background of the Rules as well as their main characteristics. The second and the third panels explore the key features of the revised Swiss Rules, namely the consolidation and joinder provisions, the set-off and counter-claim provisions, the expedited procedure, provisional measures and the emergency arbitrator as well as provisions on confidentiality and settlement facilitation. While the fourth panel provided the insiders’ view into how the Institution administers its cases, the fifth and last panel discussed the perspectives of the users, the arbitrators and counsel as well as their experiences with the Swiss Rules.
PDF of Title Page and T.O.C.
Panel 1: "Past and Present": Background and Main Characteristics of the Swiss Rules
Wolfgang Peter
Christoph Müller
Panel 2: Key Features of the Swiss Rules, Part I
Ruth Stackpool-Moore
Vladimir Pavić
Thomas Rohner
Panel 3: Key Features of the Swiss Rules, Part II
Christopher Boog and Bertrand Stoffel
Pascal Hollander
Markus Wirth
Panel 4: Swiss Rules in Practice: The Insiders' View
Michael Fischer
Appendix 1: Sample Letter to Respondent concerning Receipt of Notice of Arbitration
Appendix 2: Sample Letter of Receipt of Answer to the Notice of Arbitration
Appendix 3: Sample Letter of Confirmation of Consent to Appointment, Constitution and Further Steps
Appendix 4: Sample Form for Consent to Appointment and Statement of Independence
Joya Raha
Philipp Habegger
Panel 5: Perspectives from Users, Arbitrators and Counsel, and the Way Forward
François Naef
Marco Villiger
Bennar Balkaya
Daniele Favalli
Rudolf Fiebinger and Christoph Hauser
Frank Spoorenberg
Closing Address
Nathalie Voser
Appendices
EDITOR
Nathalie Voser is a Partner in Schellenberg Wittmer's Dispute
Resolution Group in Zurich and co-heads the firm's arbitration team.
She often acts as arbitrator or counsel in arbitration and advises clients
involved in complex multi-jurisdictional disputes. Her areas of
specialization include general contract law, private international law
(conflicts of laws), and international procedural law such as (pre-trial)
attachment and recognition of foreign judgments and arbitral awards.
Her practice focuses on construction and civil engineering projects,
research and development, distribution and license agreements, joint
ventures as well as mergers and acquisitions. She has particular
expertise in the automotive, pharmaceutical and power production
industries.
In 1988, Nathalie Voser graduated summa cum laude from the
University of Basel and was admitted to the bar in Switzerland in 1990.
In 1992, she became a juris doctor with summa cum laude and earned an
LL.M. from Columbia University (New York) in 1994 with honors. In
2005, she received the venia docendi for private law, conflicts of laws,
and comparative law and, in spring 2014, she was awarded the title of
Professor in private law, arbitration law, private international law, and
comparative law (Titularprofessur) by the University of Basel, where
she regularly teaches courses in commercial arbitration and other areas
of Swiss private law. Nathalie Voser is the author of many publications
on general commercial law and international arbitration and currently
also serves as Board member of the Swiss Arbitration Association and
the Arbitration Institute of the Stockholm Chamber of Commerce.
AUTHORS
Bennar Balkaya
Christopher Boog
Ignacio de Castro
Daniele Favalli
Rudolf Fiebinger
Michael Fischer
Philipp Habegger
Christoph Hauser
Pascal Hollander
Christoph Müller
Francois Naef
Vladimir Pavić
Wolfgang Peter
Joya Raha
Thomas Rohner
Frank Spoorenberg
Ruth Stackpool-Moore
Bertrand Stoffel
Rolf Trittmann
Vera Van Houtte
Marco Villiger
Markus Wirth
Author/Editor Detail:
EDITOR
Nathalie Voser is a Partner in Schellenberg Wittmer's Dispute
Resolution Group in Zurich and co-heads the firm's arbitration team.
She often acts as arbitrator or counsel in arbitration and advises clients
involved in complex multi-jurisdictional disputes. Her areas of
specialization include general contract law, private international law
(conflicts of laws), and international procedural law such as (pre-trial)
attachment and recognition of foreign judgments and arbitral awards.
Her practice focuses on construction and civil engineering projects,
research and development, distribution and license agreements, joint
ventures as well as mergers and acquisitions. She has particular
expertise in the automotive, pharmaceutical and power production
industries.
In 1988, Nathalie Voser graduated summa cum laude from the
University of Basel and was admitted to the bar in Switzerland in 1990.
In 1992, she became a juris doctor with summa cum laude and earned an
LL.M. from Columbia University (New York) in 1994 with honors. In
2005, she received the venia docendi for private law, conflicts of laws,
and comparative law and, in spring 2014, she was awarded the title of
Professor in private law, arbitration law, private international law, and
comparative law (Titularprofessur) by the University of Basel, where
she regularly teaches courses in commercial arbitration and other areas
of Swiss private law. Nathalie Voser is the author of many publications
on general commercial law and international arbitration and currently
also serves as Board member of the Swiss Arbitration Association and
the Arbitration Institute of the Stockholm Chamber of Commerce.
AUTHORS
Bennar Balkaya
Christopher Boog
Ignacio de Castro
Daniele Favalli
Rudolf Fiebinger
Michael Fischer
Philipp Habegger
Christoph Hauser
Pascal Hollander
Christoph Müller
Francois Naef
Vladimir Pavić
Wolfgang Peter
Joya Raha
Thomas Rohner
Frank Spoorenberg
Ruth Stackpool-Moore
Bertrand Stoffel
Rolf Trittmann
Vera Van Houtte
Marco Villiger
Markus Wirth
Table of Contents:
PDF of Title Page and T.O.C.
Panel 1: "Past and Present": Background and Main Characteristics of the Swiss Rules
Wolfgang Peter
Christoph Müller
Panel 2: Key Features of the Swiss Rules, Part I
Ruth Stackpool-Moore
Vladimir Pavić
Thomas Rohner
Panel 3: Key Features of the Swiss Rules, Part II
Christopher Boog and Bertrand Stoffel
Pascal Hollander
Markus Wirth
Panel 4: Swiss Rules in Practice: The Insiders' View
Michael Fischer
Appendix 1: Sample Letter to Respondent concerning Receipt of Notice of Arbitration
Appendix 2: Sample Letter of Receipt of Answer to the Notice of Arbitration
Appendix 3: Sample Letter of Confirmation of Consent to Appointment, Constitution and Further Steps
Appendix 4: Sample Form for Consent to Appointment and Statement of Independence
Joya Raha
Philipp Habegger
Panel 5: Perspectives from Users, Arbitrators and Counsel, and the Way Forward
François Naef
Marco Villiger
Bennar Balkaya
Daniele Favalli
Rudolf Fiebinger and Christoph Hauser
Frank Spoorenberg
Closing Address
Nathalie Voser
Appendices