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On 1 January 2023, the revised Swiss Code of Obligations (“CO”) will enter into force. The revised act includes a new article 697n, which expressly allows Swiss corporations (and by reference also limited partnerships and limited liability companies) to include a statutory arbitration clause in their articles of association. Unless otherwise stipulated, the statutory arbitration clause applies to all corporate law disputes and is binding on the company itself, the company’s governing bodies and its…

On 21 July 2022, the Council of the EU (the “Council”) adopted a seventh package of sanctions against Russia. In a previous package of EU sanctions from March 2022, transactions with certain “publicly controlled or owned” Russian entities were prohibited. Various voices within the International Arbitration community expressed concerns around the impact of this prohibition on the administration of arbitrations involving sanctioned entities. As part of the latest package of EU sanctions against Russia, the…

Arbitration is the most popular choice for dispute resolution in multinational commercial agreements.[1] At times, relevant arbitration clauses provide that arbitration proceedings can only be initiated after a failed attempt at an alternative dispute resolution (“ADR”). There is a broad variety of specific ADR mechanisms provided for in such multitier dispute resolution clauses. Nevertheless, a matter that commonly arises in disputes subject to such multitier dispute resolution clauses is the mandatory nature of such pre-arbitral…

We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now available. This 15th edition looks at key developments in arbitration from the last year in 46 jurisdictions, including: New arbitral rules from major institutions such as including ACICA, AFSA, AIAC, ICSID, JAMS, JCAA, SWISS, and UNCITRAL.The increasing use of artificial intelligence and technology in arbitration, such as electronic filing and case management platforms, as well as virtual/hybrid…