Today's blog post invites readers to familiarize themselves with existing cross-border dispute resolution options in Switzerland that, under certain circumstances, might interest your company. We will highlight such topics as why ADR in Switzerland is worth considering for international disputes and how to choose the best canton for it. Please note that we do not call for choosing Switzerland for resolving a conflict with the help of arbitration. We propose to consider all existing options when determining the place of arbitration, and the modern "supermarket" of ADR institutions has a sufficient number of such options. For our part, we will only cover those in order to help everyone who needs it, with making the right decisions, with the preparation of cross-border contracts and the arbitration clauses development.
Swiss arbitration advantages:
- strict confidentiality;
- availability of highly qualified consultants and arbitrators;
- limited opportunities to appeal arbitral awards in accordance with the Law governing international arbitration in Switzerland.
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Most of the controversies and disputes arising in the execution of cross-border contracts are resolved by international commercial arbitration, which is widely recognized and whose prestige is steadily increasing. Most countries in the world recognize the binding nature of international commercial arbitration awards.
Specifics of arbitration in Switzerland
Indeed, more and more conflicting parties from different countries are resorting to alternative methods of resolving commercial conflicts in Switzerland – a well-established, neutral, and comfortable jurisdiction.
Switzerland is a federal state consisting of 26 cantons. When planning to start arbitration in Switzerland, it is worth considering the specifics of how it is regulated in the canton where the hearing will take place.
For example, if you choose to start arbitration procedure in the cantons of Zurich, Bern, Argau or St. Gallen, you should know that these cantons have specialized commercial courts which are the only authority to resolve conflicts.
Novelties and trends in Swiss arbitration
Today, there is a tendency for raising more procedural issues during the settlement of cross-border arbitration disputes in Switzerland. For example, cases of challenging arbitrators have become more frequent.
The demand for invalidation of investment arbitration awards in Switzerland may well reflect the fact that investor-government arbitration is growing every year.
When a commercial dispute arises, arbitration is often preferred due to its confidential nature, as opposed to the publicity of the litigation.
The latest statistical data shows that Switzerland remains a highly popular destination for international arbitration, with Geneva and Zurich being generally favored.
If you are faced with the need to resolve a cross-border commercial conflict, seek professional advice on starting an arbitration process in Switzerland. Our competent advisors are at your service! We will help you choose the best jurisdiction for resolving your specific dispute, as well as provide professional assistance at all stages associated with the arbitration proceedings, including:
- drafting and negotiating contractual clauses regarding the arbitration of disputes, and individual arbitration agreements;
- consulting on the possible risks of potential arbitration proceedings;
- pre-trial settlement of the dispute, including negotiations;
- drawing up a statement of claim and a request for arbitration with the appropriate international arbitration court.
A preliminary consultation can save you a lot of time and money, as well as save you from possible mistakes. Ring us up or reach out to us by filling out a feedback form below.