On 19 June 2020, the Swiss Parliament enacted the revision of Chapter 12 of the Swiss Private International Law Act (PILA), which is expected to enter into force in early 2021.
On 19 June 2020, the Swiss Parliament enacted the revision of Chapter 12 of the Swiss Private International Law Act (PILA), which is expected to enter into force in early 2021. The revision modernizes and clarifies the provisions on international arbitration in specific areas, while retaining the concision and flexibility that has made Switzerland’s international arbitration law so successful. On the one hand, central elements of the case law established by the Swiss Federal Supreme Court in the field of international arbitration will be transferred into the PILA. On the other hand, the user-friendliness of the PILA is further enhanced and party autonomy is strengthened.
The key changes and clarifications to Chapter 12 of the PILA are the following:
The update to Switzerland’s international arbitration law must be welcomed as it further enhances the attractiveness of Switzerland as a seat for international arbitrations. With the exception of allowing submissions to the Swiss Federal Supreme Court in English, the revision is not a giant leap forward – but that was not necessary. Rather, it brings about helpful modernizations and clarifications that will lead to an increase in the user-friendliness of Switzerland’s international arbitration law.