Switzerland- International Arbitration Revised Rules
The revised Swiss Rules of International Arbitration (Swiss Rules) will enter into force and generally apply to all arbitrations. The Notice of Arbitration is filed on or after 1 June 2021. Read the following article to find out about the critical changes in the revised rules.
The Swiss Arbitration Centre
The Swiss Chambers' Arbitration Institution (SCAI) will be renamed to Swiss Arbitration Centre Ltd. (Swiss Arbitration Centre) and turned into a Swiss stock corporation with the Swiss Arbitration Association (ASA) as majority shareholder. Arbitration agreements referring to SCAI or the Chambers of Commerce will remain valid and binding, and the Swiss Arbitration Centre, as SCAI's legal successor, will recognise and apply them.
Notice of Arbitration
The claimant will be able to submit the Notice of Arbitration electronically under the new regulations. There will be no paper copies of the Notice of Arbitration necessary unless the Secretariat or the Claimant requests otherwise. This stands true for the Response to the Notice of Arbitration as well.
Appointment of Arbitrators
In multi-party proceedings, when the parties have not agreed on a procedure for forming the arbitral tribunal, the new Swiss Rules state that the Court must set an appropriate time limit for appointing an arbitrator. This will allow the arbitral tribunal to be appointed promptly.
Independence, Impartiality and Disclosures of Arbitrators
Under the amended Swiss Rules, each arbitrator must quickly notify the Secretariat and the parties of any facts that may give rise to reasonable suspicions about their impartiality or independence throughout the proceedings.
Cross-claims, Joinder, Intervention
The amended Swiss Rules include new regulations on cross-claims, party joining, and party intervention. A notice of claim may be filed by a party stating a cross-claim, requesting a joinder, or demanding intervention. The tribunal will determine the admissibility of the cross-claims, request for joinder, or request for intervention once the arbitral tribunal has been established and all parties have been heard.
The amended Swiss Rules now specifically allow for the submission of a request to consolidate arbitration proceedings. Unless the parties agree otherwise or the Court decides differently, all proceedings will be consolidated into the arbitration that was started earlier.
Organisation and Conduct of the Proceedings
The parties will meet with the arbitral tribunal for an initial case management meeting to examine the organisation of the arbitration proceedings and data protection and cybersecurity issues. If necessary, more organisational conferences may be conducted during the proceedings. Furthermore, at any point during the arbitration processes, the parties may agree to settle the dispute through mediation. The arbitration proceedings will stay during that time unless the parties agree differently.
Appointment of New Representative
Proof of authority of a party's representative may be asked at any time. The arbitral tribunal may refuse to appoint a new representation as if doing so would threaten the arbitral tribunal's impartiality or independence.
At any point of the proceedings, hearings for presenting evidence by witnesses or experts may be held in person or remotely through videoconference or other appropriate methods, as determined by the arbitral tribunal following consultation with the parties.
The parties will be served with the originals of the award signed by the arbitrators providing the arbitral tribunal's fees and (travel) expenses, the costs of expert advice and other assistance, the registration fee, and the administrative costs have all been paid in full.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts made to ensure the accuracy and correctness of the information published, White Code VIA Mediation and Arbitration Centre shall not be responsible for any errors caused due to human error or otherwise.