Summary: I. Introduction. 1. The Project. 2. The Swiss Arbitration Act – the Status Quo. 3. The Purpose of the Revision. II. The Cornerstones of the Revision. 1. General Issues: A) Renunciation of the proposal to include the negative competence–competence; B) No Establishment of a National Juge d’appui; C) No Changes to Grounds for Challenging an Award; D) Relation to the Part 3 of the Civil Procedure Code. 2. New Provisions Based on Standing Case Law and Clarification of Open Questions: A) Applicability of the Swiss Arbitration Act; B) Duty to Make Complaints Immediately; C) Correction, Explanation and Completion of Arbitral Awards; D) Review of Arbitral Awards (Reopening of Proceedings); E) State Courts Apply Summary Proceedings. 3. Strengthening of the Party Autonomy: A) Unilateral Arbitration Clauses; B) “Arbitration in Switzerland” –Clauses. 4. Increase of User–Friendliness: A) Extended Support for Arbitration by the Swiss Courts; B) Appointment, Replacement and Removal of Arbitrators; C) Challenge of Arbitrators; D) Unified Form Requirements; E) English Submissions to the Swiss Federal Supreme Court; F) No Minimal Amount in Dispute Required for Appellate Remedies. III. Conclusion.
Abstract: Revision of the Swiss Arbitration Act – A Status Report
In the current revision of the Swiss Arbitration Act, the Swiss Government proposes soft changes to the current law. The focus lies on the inclusion of certain means established by the Swiss Federal Supreme Court’s case law (with some clarifications), the strengthening of party autonomy, and the increase of user–friendliness. The most noticeable additions are new provisions on the appointment, replacement, removal, and challenge of arbitrators, on the correction, explanation, completion, and review of arbitral awards. The approach taken by the Government, maintaining the character of