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Brushing-up the Swiss arbitration law

Posted by on 17 February 2017

On 11 January 2017, the Swiss Federal Council (which is the Executive Body in Switzerland) published its proposed amendments for the revision of Chapter 12 of the Swiss Private International Law Act (Chapter 12 PILA), which governs international arbitration in Switzerland.

FRORIEP-Brushing-up-the-Swiss-Arbitration-Law.jpgAs stated by the Federal Council, the aim of the draft bill is to "reinforce the attractiveness of Switzerland" as a hub for international arbitration. While emphasising that the Swiss arbitration law al-ready offers very advantageous conditions, the Federal Council nevertheless sought to reinforce such attractive features and adopt a number of "punctual adaptations and modernisations".

We have prepared a PDF for you with the relevant proposed amendments:

  • Form of the arbitration agreement
  • Arbitration agreements in unilateral acts
  • The determination of the seat
  • Multiparty arbitration
  • Disclosure obligation for the arbitrators
  • Provisional and protective measures
  • Decision on costs
  • Correction and revision of arbitral awards
  • Filings to the Swiss Supreme Court

Download PDF


If you have any comments or questions please do not hesitate to contact the authors or another lawyer of FRORIEP's arbitration practice group.

If you liked this article you may also be interested in reading about Switzerland - a favorable seat of arbitration for foreign antitrust claims  by Franz X. Stirnimann Fuentes, Jean Marguerat, Jean-Marie Vulliemin, Jeremy Bloomenthal


Photo: Parlamentsdienste 3003 Bern

Topics: Arbitration

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Dr. Franz X. Stirnimann

Franz has up to 20 years' experience in international dispute resolution and Swiss commercial and white collar criminal law. Franz joined our law firm as a partner in 2015 and was previously a partner in a major US law firm. He has acted as counsel and arbitrator (also presiding arbitrator) in some 60 international arbitrations (both commercial and investor-State) and up to 50 court proceedings in Switzerland and other countries. He also has an active white-collar criminal law practice and regularly advises on cross-border transactions subject to Swiss law as well as in Swiss labor and employment matters. Franz is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and a ranked individual in leading legal directories. Franz is both civil and common law trained and admitted to practise in Geneva, England & Wales, and New York. He holds a Doctor of Laws from the University of Zurich (Dr. iur., summa cum laude, Professor Walther Hug Prize, 2003); a Master of Laws from Georgetown University (LL.M., with distinction, Professor Heinrich Kronstein Scholar and Fellow of the Swiss National Science Foundation, 2001); and a License in Law from the University of Fribourg and Durham University in the UK (lic. iur., Erasmus Scholar, 1996). He is also an Alumnus of the International Leadership Program of Georgetown University Edmund A. Walsh School of Foreign Service (class of 2003), and has been a lecturer at University of Lucerne, University of Lausanne, Universidad del Pacífico in Peru, and Universidade Federal de Santa Catarina and UniCeub in Brazil, amongst others. Franz regularly publishes and gives panel presentations in his fields of work. He is listed on the panels of arbitrators of a number of arbitral institutions (ICC, SCAI, LCIA, WIPO, CIMA, AIAC, CAIC, CCL, CEAR-CBHE, etc.) and is a member of numerous professional associations (CIArb, ASA, CEA, LCIA, IAI, ALARB, OdAGE, SAV/FSA, NYBA, ABA, Law Society of England & Wales, etc.) as well as of a number of boards of academic institutions and law journals in Switzerland, Peru and the USA. Of both Swiss and Latin American origin, Franz works in English, Spanish, German, and French and is conversant in Italian and Portuguese.

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Jean Marguerat

Jean Marguerat has experience across all areas of dispute resolution, with particular expertise in international arbitration and in international litigation. Jean Marguerat is one of the authors of the Commentary on the Swiss Rules of International Arbitration. Jean Marguerat has been a Partner in our Geneva office since 2010. Jean Marguerat’s practice focuses on international arbitration, litigation and contract law. Jean Marguerat has experience as party counsel and as arbitrator in more than 80 institutional (ICC, SCAI, LCIA, VIAC, CAS, etc.) and ad hoc international arbitrations involving sale of goods and commodities, distribution and agency, construction, marine works, joint ventures, corporate transactions and sport related matters. He also regularly represents clients before the Swiss courts in all fields of commercial disputes and notably those in relation to arbitration (enforcement and challenge of arbitral awards). His activity includes recognition & enforcement proceedings (including attachments) and international legal assistance. Jean Marguerat studied at the Universities of Basel and Neuchâtel (lic. iur. 1996) and, after being admitted to the bar in Berne (1999), at the University of Cambridge (LL.M. 2000 - British Chevening Scholar). Joining our firm in 2003, he also worked in business law firms both in Barcelona (2000-2002) and London (2007-2008). Jean Marguerat regularly publishes and speaks in the field of inter-national arbitration. His working languages are French, English, Spanish and German. Jean Marguerat is a member of the following professional associations: Geneva and Swiss Bar Association, Swiss Arbitration Association (ASA), London Court of International Arbitration (LCIA), Club Español del Arbitraje (CEA), Deutsche Institution für Schiedsgerichtsbarkeit (DIS).

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Dr. Jean-Marie Vulliemin

Jean-Marie is the managing partner of both Geneva and Madrid offices. With broad experience in international commercial arbitration, in particular with Spain and Latin America, he acts both as counsel and as arbitrator. He is very active in art and sports law, as well as in international estate law. Chambers Global has ranked Jean-Marie for many years as a leader in the field of dispute resolu-tion, in 2014 in Band 1 of the Most in Demand Arbitrators in Spain. Jean-Marie obtained a PhD (with Award) from the University of Lausanne in 1988 ("Jugement et sentence arbitrale") and a diploma from the Centre for Studies and Research in International Law and International Relations at the Hague Academy of International Law in 1987 (Transnational Arbi-tration and State Contracts). He is a regular speaker and publisher on arbitration and art law. His working languages are Spanish, French and English. He is member of ICC, LCIA, Milan Chamber of Arbitration Arbitrators Club; board member of Club Español de Arbitraje. He is former chairman of International Bar Association Art, Cultural Institutions and Heritage Law Committee.

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Tomás Navarro Blakemore

Tomás Navarro Blakemore's work focuses on domestic and international arbitration and litigation. He also advises private clients as well as non-profit organisations and social enterprises on structuring, tax advice and governance. In particular, Tomás Navarro Blakemore has been involved as counsel, arbitrator and secretary to the arbitrator in several commercial and investment arbitration proceedings under the ICC, UNCITRAL, CAS, Swiss and ICSID Rules as well as in ad hoc proceedings related to construction, distribution, corporate and sport related matters. He studied law and political science at the University of Granada (2011) with exchanges at the University of California in Berkeley and the University of Geneva and was admitted to the Spanish Bar in 2013. He also holds an LL.M. in International Dispute Settlement (MIDS) from the University of Geneva and the Geneva Graduate Institute (2015). Previously, Tomás Navarro Blakemore has worked as an intern at the Office of the Prosecutor of the International Criminal Court (ICC) and as a consultant for Destination Justice, a non-profit law, governance and development organisation based in Phnom Penh (Cambodia). Before joining Froriep in October 2015, he also interned for a renowned international arbitrator in Switzerland. He is dual-qualified in Spain and Switzerland, being a member of the Madrid Bar Association (ICAM) as well as the Geneva Bar Association (OdA) and is an active member of various associations such as the Swiss Arbitration Association (ASA) Below 40, the Club Español del Arbitraje (CEA-40) and sits on the Executive Committee of the Swiss Chapter of the CEA. His working languages are French, English and Spanish.

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