International Arbitration, Swiss Rules, Rules of Arbitration
Overview
On 1 June 2021, a milestone for the Swiss (and international) arbitration community was achieved. On the one hand the Swiss Chambers’ Arbitration Institution (“SCAI”) became the Swiss Arbitration Centre, and on the other hand the revised Swiss Rules of International Arbitration (“2021 Swiss Rules”) entered into force.
Swiss Arbitration Centre (former SCAI)
As of 1 June 2021, SCAI is renamed to Swiss Arbitration Centre and transformed from a Swiss association into a Swiss stock corporation. As a platform of expertise, the Swiss Arbitration Centre is supported by the Swiss Arbitration Association (“ASA”) and the chambers of commerce of Basel, Bern, Central Switzerland, Geneva, Neuchâtel, Ticino and Zurich. The Swiss Arbitration Centre, the ASA, the Swiss Arbitration Academy and the Swiss Arbitration Hub are newly united under the Swiss Arbitration website (https://www.swissarbitration.org/).
Arbitration clauses which refer to SCAI will remain valid and binding and will be recognised and applied by the Swiss Arbitration Centre as the legal successor of SCAI. Nevertheless, we now advise to refer in any contract concluded from 1 June 2021 to the “Swiss Rules of International Arbitration of the Swiss Arbitration Centre“.
The 2021 Swiss Rules
The revised 2021 Swiss Rules generally apply to all arbitrations in which the Notice of Arbitration is filed on or after 1 June 2021. The key changes are the following:
Conclusion
The creation of the Swiss Arbitration Centre is a development that must be welcomed. The cooperation between SCAI and ASA under the roof of the Swiss Arbitration Centre offers very promising perspectives for the further development of Switzerland as a global arbitration platform.
While the 2021 Swiss Rules do not make any sweeping changes, they do, however, constitute a welcome refinement of the existing provisions. They incorporate a number of topical and important issues which are relevant for our new operating environment, such as the reference to cybersecurity and data protection issues and the new provision on remote hearings. In particular, the revised 2021 Swiss Rules confirm the prevailing practice of arbitral tribunals since the global COVID-19 pandemic and are thus a welcome development.