Volume 25 (2007)

Volume 25 (2007) / Issue 4

Michael Schöll, 'Swiss Rules and ‘Domestic’ Arbitration – Why the Swiss Chambers Should Agree to Administer Domestic Cases under the Swiss Rules' (2007) 25 ASA Bulletin, Issue 4, pp. 717–727

Abstract

The Swiss Rules of International Arbitration were drafted to govern arbitrations that are international within the meaning of Chapter 12 of the Statute on Private International Law. Victim of their own success, the Swiss Rules have become increasingly popular for disputes that are technically speaking domestic and therefore governed by the Intercantonal Arbitration Convention (Concordat). Nevertheless, the traditional position of the Swiss Chambers was to refer domestic parties to the domestic arbitration rules of the Chamber that administered the case notwithstanding an explicit choice of Swiss Rules. This paper argues that the Swiss Chambers should agree to administer domestic cases under the Swiss Rules. Recent evidence from the author’s practice suggests that change may be under way.

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ISSN: 1010-9153
ID: ASAB2007070