In a decision of April 3, 2024, the Swiss Federal Supreme Court (“SFSC”) dismissed an application by Spain for an annulment of an arbitral award issued by an ad hoc-arbitral tribunal seated in Geneva. The arbitral tribunal had held that Spain had failed to accord fair and equitable treatment to a French company which had acquired and developed, through Spanish subsidiaries, twelve photovoltaic installations in Spain, and had awarded to the French investor EUR 29…
In a recent decision published on 11 January 2023, the Swiss Federal Supreme Court (“SFSC”) confirmed the International…
On 4 September 2023, the Swiss Federal Tribunal Court (“SFSC”) decided on appeals raised against three closely linked…
A. LEGISLATION AND RULES A.1 Institutions, rules and infrastructure In light of the revised law on statutory arbitration clauses that entered into force on 1 January 2023, the Swiss Arbitration Center (SAC) has issued “Supplemental Swiss Rules for Corporate Law Disputes” (“Supplemental Swiss Rules”), supplementing the existing Swiss Rules of International Arbitration (“Swiss Rules”). The Supplemental Swiss Rules apply to all arbitration proceedings that relate to a corporate law dispute and were initiated on or after 1…
A. LEGISLATION AND RULES A.1 Legislation On 1 January 2023, the revised Swiss Code of Obligations (CO) entered…
In a decision published on September 23, 2022, the Swiss Federal Supreme Court (“SFSC”) ruled on the request…
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…
In a decision published on the 19th July 2022, the Swiss Federal Supreme Court (“SFSC”) denied the enforceability…
Arbitration is the most popular choice for dispute resolution in multinational commercial agreements.[1] At times, relevant arbitration clauses…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Switzerland continues to be governed by Chapter 12 of the Swiss Private International Law Act (PILA). On 1 January 2021, a partial revision was enacted to eliminate some ambiguities and to modernize the law, reflecting also the case law of the Swiss Supreme Court of recent years. [1] A.2 Institutions, rules and infrastructure Per June 1, 2021, the Swiss Chambers’ Arbitration Institution (SCAI) became the Swiss…