On 19 June 2020, the Swiss Parliament approved the draft bill for the revision of Chapter 12 of the Swiss Private International Law Act (Chapter 12 PILA), which governs international arbitration in Switzerland. The draft bill will enter into force on 1 January 2021.
The revision strikes a fair balance between reinforcing Switzerland's attractiveness as a hub for international arbitration and modernising the law with the introduction of some new features such as, e.g., the possibility to submit a motion to set aside an arbitral award before the Swiss Federal Supreme Court in English. Overall, the amendments do not constitute a major upheaval for Switzerland's international arbitration law. Many modifications formalise accepted practises and established case law from the Swiss Federal Supreme Court. With the amended bill, the drafters maintained the succinct and user-friendliness of the Swiss law on international arbitration.
We have prepared a PDF for you with the relevant amendments:
- Scope of application of the PILA
- Form of the arbitration agreement
- Arbitration agreements in unilateral acts and article of associations
- Appointment of arbitrators
- Challenge and replacement of arbitrators
- Parties' duty to challenge a violation of procedural rules immediately
- Provisional and protective measures
- Support to foreign arbitral tribunals and parties in foreign arbitral proceedings
- Correction and revision of arbitral awards
- Filings to the Swiss Federal Supreme Court
If you have any comments or questions please do not hesitate to contact the authors or another lawyer of FRORIEP's dispute resolution group.
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