We are happy to report that the latest issue of the ASA Bulletin is now available and includes the following articles and cases:   ARTICLES Felix DASSER, Arbitration Toolbox by ASA – Self-Empowerment with Safety Belts ASA President Felix DASSER presents the Arbitration Toolbox by ASA, an interactive online tool that assists users in navigating…

We are happy to report that the latest issue of the ASA Bulletin is now available and includes the following articles and cases:   ARTICLES Felix DASSER, “Swiss Arbitration” – The New One-Stop Shop And Other Good News In his message, ASA President Felix DASSER shares the news of the launch of “Swiss Arbitration”, the…

We are happy to report that the latest issue of the ASA Bulletin is now available and includes the following articles and cases:   ARTICLES Felix DASSER, Lessons from Echternach In his message, ASA President Felix DASSER looks at recent developments and observes that for every two steps forward in international arbitration, there is one…

We are happy to report that the latest issue of the ASA Bulletin is now available and includes the following articles and cases:   ARTICLES Felix DASSER, The Revised Swiss Lex Arbitri: A Story of Two Dozen Jewels In his message, ASA President Felix DASSER commends the light touch revision of the Swiss lex arbitri…

We are happy to report that the latest issue of the ASA Bulletin is now available and includes the following articles and cases:   ARTICLES Felix DASSER, ASA – Swiss Home of Arbitration In his message as ASA President, Felix DASSER addresses the future of Swiss arbitration and the initiatives recently launched by ASA to…

We are happy to report that the latest issue of the ASA Bulletin is now available and includes the following articles and cases:   ARTICLES Felix DASSER, The Times They Are A-Changin’ (Fine – But How Much and For How Long, Exactly? And What Does It All Mean For Us? In his message, ASA President,…

We are happy to report that the latest issue of the ASA Bulletin is now available and includes the following articles and cases:   ARTICLES Felix DASSER, Of Lighthouses and Rocks In his first message as ASA President, Felix DASSER points out the challenges and opportunities ASA faces during his term and sets priorities.  …

We are happy to report that the latest issue of the ASA Bulletin is now available and includes the following articles and cases:   ARTICLES Elliott GEISINGER, De la musique avant toute chose, et pour cela préfère l’impair In his last message as ASA President, Elliott GEISINGER exhorts us to prefer the “uneven” in arbitration,…

We are happy to report that the latest issue of the ASA Bulletin is now available and includes the following articles and cases:   ARTICLES Elliott GEISINGER, Arbitration Profiling In his message ASA President Elliott GEISINGER warns against the risks entailed in the profiling of arbitrators or counsel in international arbitration based on pre-determined general…

We are happy to report that the latest issue of the ASA Bulletin is now available and includes the following articles and cases: ARTICLES Elliott GEISINGER, Simplicity and Sophistication (Of Furniture, Nails, Screws and Glue) In his message, ASA President Elliott GEISINGER lauds the art of simplicity and questions the necessity of some of the…

We are happy to inform you that the latest issue of the ASA Bulletin is now available and includes the following articles and cases: ARTICLES Elliott GEISINGER, From Licence to Licence to Licence Points? (Yet Another Revolutionary Idea) In his message, ASA President Elliott GEISINGER, inspired by the gilets jaunes and the French driving licence…

We are happy to inform you that the latest issue of the ASA Bulletin is now available and includes the following articles and cases: ARTICLES Karin GRAF, Brigitte UMBACH-SPAHN, Berücksichtigung ausländischer Schiedsurteile in der Insolvenz – Lehren aus den Bundesgerichtsentscheiden in Sachen Swissair [Recognition and Enforcement of Foreign Arbitral Awards in Swiss Insolvency Proceedings –…

We are happy to inform you that the latest issue of the ASA Bulletin (3.2018) is now available and includes the following articles and cases:   ARTICLES Luka GROSELJ, Stay of arbitration proceedings – Some examples from arbitral practice This article outlines a number of situations, illustrated by practical and (thus far) unpublished cases, in…

We are happy to inform you that the latest issue of the ASA Bulletin is now available and includes the following articles and cases:   ARTICLES Felix DASSER, Piotr WÓJTOWICZ, Challenges of Swiss Arbitral Awards. Updated Statistical Data as of 2017 Felix DASSER and Piotr WÓJTOWICZ update previously published statistical data on challenges of international…

Switzerland is a global hub for commodity traders, and therefore also a significant jurisdiction for disputes arising in the commodities sector. A recent decision of the Swiss Federal Supreme Court (Decision 5A_441/2015 of 4 February 2016 (ASA Bull. 2/2016)) addresses important issues relating to commodity sales contracts and Swiss enforcement proceedings. The case involved arbitral proceedings…

By Matthias Scherer and Sam Moss, LALIVE In a judgment dated 7 July 2014, which was made public on 20 August 2014 (case no. 4A_124/2014), the Swiss Federal Supreme Court (the “Supreme Court”) addressed the enforceability of a precondition for arbitration in a multi-tier dispute resolution provision, namely the requirement to submit a dispute to…

Arbitration proceedings sometimes spawn a host of parallel court proceedings.  It is not unheard for parties to seek to instrumentalise courts, sometimes with the complicity of the courts themselves, to escape the jurisdiction of an arbitral tribunal.  Such conduct may, however, expose parties to liability for breach of the arbitration agreement, as was confirmed by…

By Matthias Scherer and Catherine A. Kunz In a recent decision dated 21 December 2012 (5A_355/2012), the Swiss Federal Supreme Court clarified the conditions for obtaining a freezing order for the purpose of enforcing an arbitral award or a foreign court decision.  The decision, which will be published in the forthcoming ASA Bulletin 2.2013 with…

In a recently published decision dated 6 August 2012 (4A_119/2012), the Swiss Federal Supreme Court confirmed its own jurisprudence according to which state courts facing a jurisdictional defense based on an alleged arbitration agreement must not assess in full the validity of the arbitration agreement. In such cases, the state court must limit itself to a summary examination of whether or not a valid arbitration agreement exists.

On 27 September 2012, the Swiss Parliament adopted a motion that had been introduced earlier this year tasking the Government to prepare a report on the Swiss Arbitration Law (chapter 12 of the Federal Act on Private International Law (PILA)).  The objective of the report is to further enhance the attractiveness of Switzerland as a…

and Sam Moss, Lalive In its recent decision dated 2 July 2012 in case 5A_754/2011, the Swiss Supreme Court ruled for the first time on the issue of whether, pursuant to Art. IV(2) of the New York Convention (“NYC”), a full translation of an award must be produced by parties seeking recognition and enforcement in…

On 1 June 2012, the new revised version of the Swiss Rules of International Arbitration (“Swiss Rules”) will come into force.  According to Article 1.3, the new Rules will apply to all Swiss Rules proceedings in which the Request for Arbitration is submitted after 1 June 2012, unless the Parties agree otherwise. The Swiss Rules…

By Matthias Scherer and Simone Nadelhofer, LALIVE, Geneva and Zurich The Swiss Federal Supreme Court recently published a decision rendered last addressing the enforceability of an English Worldwide Freezing Order (“WFO”) in Switzerland. Of particular interest was the question whether a party can apply for a mere declaration of enforceability without actually seeking to enforce…

By Matthias Scherer and Sam Moss In a recent decision issued on 7 November 2011 on a request for annulment of a partial award on jurisdiction rendered by the Court of Arbitration for Sport (“TAS”), the Swiss Supreme Court recalled and applied its previous jurisprudence on the interpretation of pathological arbitration clauses (Case 4A_246/2011). The…