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Swiss Rules of International Arbitration: Commentary 2nd ed

Edited by: Tobias Zuberbuhler, Christoph Muller, Philip Habegger

ISBN13: 9781937518172

New Edition ISBN: 9783725583867

Previous Edition ISBN: 904112411X

Published: August 2013

Publisher: Juris Publishing

Country of Publication: USA

Format: Hardback

Price: Out of print

This second edition of the first comprehensive commentary on the Swiss Rules of International Arbitration covers the new version of these rules which entered into force on 1 June 2012. It is a practical guide for arbitrators, counsel, state courts and persons involved in the conduct and administration of arbitral proceedings under the Swiss Rules.

This commentary presents the new version of the 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 perspective by comparing them with the corresponding provisions of the other major institutional rules (ICC, LCIA, SCC, DIS, VIAC, SIAC, HKIAC, CIETAC, AAA/ ICDR, WIPO and ICSID) and with the provisions of the former edition of the rules. Finally, it highlights the main differences between the Swiss Rules and the UNCITRAL Arbitration Rules which were revised in 2010.

This book is written by arbitration practitioners based in Switzerland who work with established law firms, widely experienced in international commercial arbitration. It is the work of a refreshing new generation of Swiss arbitration specialists. Two of the editors were members of the working group for the revision of the Swiss Rules and thus bring special insight into the book about the revision process.

Subjects:: European Jurisdictions, Switzerland, Arbitration and Alternative Dispute Resolution

Contents:: Preface; Table of Contents; List of Editors and Authors; List of Abbreviations; Bibliography; General Literature; Specific Literature; Introduction and Model Arbitration Clause; I. Introductory Rules; Scope of Application (Art.; 1); Notice, Calculation of Periods of Time (Art.; 2); Notice of Arbitration and Answer to the Notice of Arbitration (Art.; 3); Consolidation and Joinder (Art.; 4); II. Composition of the Arbitral Tribunal; Confirmation of Arbitrators (Art.; 5); Number of Arbitrators (Art.; 6); Appointment of a Sole Arbitrator (Art.; 7); Appointment of Arbitrators in Bi-Party or Multi-Party Proceedings (Art.; 8); Independence and Challenge of Arbitrators (Art.; 9-11); Article 9; Article 10; Article 11; Removal of an Arbitrator (Art.; 12); Replacement of an Arbitrator (Art.; 13-14); Article 13; Article 14; III. Arbitral Proceedings; General Provisions (Art.; 15); Seat of the Arbitration (Art.; 16); Language (Art.; 17); Statement of Claim (Art.; 18); Statement of Defence (Art.; 19); Amendments to the Claim or Defence (Art.; 20); Objections to the Jurisdiction of the Arbitral Tribunal (Art.; 21); Further Written Statements (Art.; 22); Periods of Time (Art.; 23); Evidence and Hearings (Art.; 24-25); Article 24; Article 25; Interim Measures of Protection (Art.; 26); Tribunal-Appointed Experts (Art.; 27); Default (Art.; 28); Closure of Proceedings (Art.; 29); Waiver of Rules (Art.; 30); IV. The Award; Decisions (Art.; 31); Form and Effect of the Award (Art.; 32); Applicable Law, Amiable Compositeur (Art.; 33); Settlement or other Grounds for Termination (Art.; 34); Interpretation of the Award (Art.; 35-36); Correction of the Award (Art.; 36); Additional Award (Art.; 37); Costs (Art.; 38-40); Article 38; Article 39; Article 40; Deposit of Costs (Art.; 41); V. Other Provisions; Expedited Procedure (Art.; 42); Emergency Relief (Art.; 43); Confidentiality (Art.; 44); Exclusion of Liability (Art.; 45); Appendix A: Offices of the Secretariat of the Arbitration Court; Appendix B: Schedule of Costs (effective as of 1 June 2012); Index