Switzerland - Baker & McKenzie International Arbitration Yearbook: 2012-2013

Joachim Frick is a Partner in Baker & McKenzie’s Zurich office. He regularly represents clients in arbitration proceedings as a party-counsel. He has written various publications on Swiss and international commercial arbitration proceedings and teaches as honorary professor at Zurich University.

Urs Zenhäusern is a Partner in Baker & McKenzie’s Zurich office. He regularly represents clients in arbitration proceedings as a party-counsel and acts also as an arbitrator.

Anne-Catherine Hahn is a Partner in Baker & McKenzie’s Zurich office. She practises mainly in the area of international commercial arbitration and litigation and also acts as a Lecturer at the University of Fribourg.

Luca Beffa is a Senior Associate in Baker & McKenzie’s Geneva office. His practice focuses primarily on international and domestic arbitration as well as commercial litigation, sports and public law.

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Originally from: Baker & McKenzie International Arbitration Yearbook: 2012-2013

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A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Revised Swiss Rules of International Arbitration

On 1 June 2012, the revised version of the Swiss Rules of International Arbitration (the “Swiss Rules”) entered into force. The main goals of the revision were to enhance efficiency in terms of time and cost and to give certain additional powers to the bodies administrating the proceedings. At the same time, the revision was limited to keep the basic structure and principles of the previous version entered into force on 1 January 2004, under which almost 600 cases have been successfully conducted. The fact that many international practitioners are familiar with the Swiss Rules is one of the biggest advantages of Switzerland as a place for arbitration.

Table of Contents:

A. Legislation, Trends and Tendencies

A.1 Revised Swiss Rules of International Arbitration
A.2 Pending Legislative Motions
A.3 Institutional Revisions, Swiss Arbitration Center
A.4 Swiss Arbitration Association Appoints Executive Director
A.5 General Trends

B. Cases

B.1 Conformity of a Waiver to Appeal against an Award with Article 6 ECHR
B.2 Consequences of the Failure by an Arbitral Tribunal to Take into Consideration the Post-Hearing Brief of a Party
B.3 Jurisdiction of the CAS, WADA’s Standing to Appeal, and Lis Pendens
B.4 Substantive Public Policy
B.5 Lack of Challenge against a Decision of the Juge d’Appui to Reject the Challenge of an Arbitrator
B.6 Arbitrability
B.7 Negative Kompetenz-Kompetenz
B.8 Multiple Appoints of an Arbitrator

C. The Grant and Enforcement of Interim Measures in International Arbitration

C.1 Tribunal-Ordered Interim Measures
C.2 Court-Ordered Interim Measures
C.3 Enforcement of Interim Measure