Workings of the Special Committee and the Arbitration Court - Ten Years of Swiss Rules of International Arbitration - ASA Special Series No. 44

Author(s):

Philipp A. Habegger

Page Count:

18 pages

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Published:

October, 2014

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1. INTRODUCTION

1.1 Looking Back: The Arbitration Committee under the Swiss

Rules 2004

Five years ago, at a conference in Bern organized by the

participating Chambers of Commerce and celebrating five years of the

Swiss Rules of International Arbitration,1 the President of what was

then called the Arbitration Committee, which was appointed by the

Chambers for the purpose of administering arbitration proceedings

under the Swiss Rules 2004,2 Professor Franz Kellerhals said:

It came close to a miracle that they [i.e. the authors and the

founders of the Swiss Rules] succeeded to overcome the

reluctance of board members and directors of the different

Chambers of Commerce in Switzerland to give up their

beloved local arbitration rules and to vote for a uniform

solution, the Swiss Rules.

Professor Kellerhals also emphasized that the authors and

promoters of the Swiss Rules in “their wisdom did not push the idea of

uniformity too far” in that they provided for uniform rules for

international arbitration in Switzerland, but not for a centralized

administration of the proceedings.