Arbitration in Switzerland

Those seeking to conclude an arbitration agreement in Switzerland must do it in writing or in any other form allowing it to be textually confirmed (e.g. by email). However, they should keep in mind that interpreting an arbitration clause isn’t only limited to the wording of an agreement.

Parties are at liberty to decide on a procedure a court should follow. In particular, they can:

• refer to specific arbitration rules;
• negotiate procedural laws;
• agree on individually developed rules;

There’s no binding procedural rules in Swiss arbitration legislation; the only provision that it does have is that the equal treatment principle is observed & that parties’ right to be heard must be respected.

Switzerland: Appealing Arbitral Decisions

Those seeking to appeal arbitral awards in Switzerland can apply to the Supreme Court. They can also agree that arbitral awards are appealed with appellate courts at a site where arbitration was administered.

It’s possible to appeal an arbitration decision in Switzerland if:

• an arbitration tribunal was administered incorrectly or only one arbitrator got appointed;
• an arbitration tribunal mistakenly declared that it doesn’t have or has jurisdiction;
• an arbitration tribunal didn’t have any authority to resolve issues referred to it;
• the principle of equal treatment was violated;
• a court based its decision on conclusions contravening the facts laid forth in a case file or infringing laws (for a domestic arbitration);
• a decision doesn’t ensure adherence to public policy’(for an international arbitration);
• the amount of compensation is excessive.

Those seeking to settle a dispute by arbitration in the state of Switzerland should keep in mind that they can also apply to an appellate court for an exclusive review of decisions (when it comes to domestic arbitrations). There’s no legal provisions for reviewing international arbitral awards in the state of Switzerland; however, the Supreme Court recognizes that decisions rendered by an international arbitration tribunal can be reviewed by Swiss courts.

Enforcement

Swiss arbitration awards get enforced as decisions rendered by courts. Decisions made by non-Swiss arbitration tribunals are recognized & enforced if the provisions of the NYC with respect to enforcement are met.