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Swiss Rules of International Arbitration, 2nd Edition

Swiss Rules of International Arbitration, 2nd Edition

Author: Tobias Zuberbühler; Christoph M. Müller; Philipp A. Habegger
Publisher: Juris Publishing
ISBN: 9781937518172
Published In: August 2013
Format: Paperback , 592 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

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This second edition of the first comprehensive commentary on the Swiss Rules of International Arbitration covers the new version of these rules which entered into force on 1 June 2012. It is a practical guide for arbitrators, counsel, state courts and persons involved in the conduct and administration of arbitral proceedings under the Swiss Rules.

This commentary presents the new version of the Swiss Rules from a double perspective. On the one hand, it emphasizes the relationship between these Rules and the Swiss legal regime governing international arbitration, namely the provisions of chapter 12 of the Swiss Private International Law Statute. On the other hand, it puts these Rules in an international perspective by comparing them with the corresponding provisions of the other major institutional rules (ICC, LCIA, SCC, DIS, VIAC, SIAC, HKIAC, CIETAC, AAA/ ICDR, WIPO and ICSID) and with the provisions of the former edition of the rules. Finally, it highlights the main differences between the Swiss Rules and the UNCITRAL Arbitration Rules which were revised in 2010.

This book is written by arbitration practitioners based in Switzerland who work with established law firms, widely experienced in international commercial arbitration. It is the work of a refreshing new generation of Swiss arbitration specialists. Two of the editors were members of the working group for the revision of the Swiss Rules and thus bring special insight into the book about the revision process.

Preface
Table of Contents
List of Editors and Authors
List of Abbreviations
Bibliography

General Literature
Specific Literature

Introduction and Model Arbitration Clause

I. Introductory Rules
Scope of Application (Art. 1)
Notice, Calculation of Periods of Time (Art. 2)
Notice of Arbitration and Answer to the Notice of Arbitration (Art. 3)
Consolidation and Joinder (Art. 4)

II. Composition of the Arbitral Tribunal
Confirmation of Arbitrators (Art. 5)
Number of Arbitrators (Art. 6)
Appointment of a Sole Arbitrator (Art. 7)
Appointment of Arbitrators in Bi-Party or Multi-Party Proceedings (Art. 8)
Independence and Challenge of Arbitrators (Art. 9-11)
Article 9
Article 10
Article 11
Removal of an Arbitrator (Art. 12)
Replacement of an Arbitrator (Art. 13-14)
Article 13
Article 14

III. Arbitral Proceedings
General Provisions (Art. 15)
Seat of the Arbitration (Art. 16)
Language (Art. 17)
Statement of Claim (Art. 18)
Statement of Defence (Art. 19)
Amendments to the Claim or Defence (Art. 20)
Objections to the Jurisdiction of the Arbitral Tribunal (Art. 21)
Further Written Statements (Art. 22)
Periods of Time (Art. 23)
Evidence and Hearings (Art. 24-25)
Article 24
Article 25
Interim Measures of Protection (Art. 26)
Tribunal-Appointed Experts (Art. 27)
Default (Art. 28)
Closure of Proceedings (Art. 29)
Waiver of Rules (Art. 30)

IV. The Award
Decisions (Art. 31)
Form and Effect of the Award (Art. 32)
Applicable Law, Amiable Compositeur (Art. 33)
Settlement or other Grounds for Termination (Art. 34)
Interpretation of the Award (Art. 35-36)
Correction of the Award (Art. 36)
Additional Award (Art. 37)
Costs (Art. 38-40)
Article 38
Article 39
Article 40
Deposit of Costs (Art. 41)

V. Other Provisions
Expedited Procedure (Art. 42)
Emergency Relief (Art. 43)
Confidentiality (Art. 44)
Exclusion of Liability (Art. 45)

Appendix A: Offices of the Secretariat of the Arbitration Court

Appendix B: Schedule of Costs (effective as of 1 June 2012)

Index

About the Editors

Tobias Zuberbühler is a Partner with Lustenberger Attorneys at Law in Zurich. He regularly publishes and holds presentations in the field of international arbitration. Mr. Zuberbühler is former President of the International Arbitration Commission of AIJA (Association International des Jeunes Avocats).

Christoph Müller is Professor for Private Law at the University of Neuchâtel. He is a Member of the Arbitration Court under the Swiss Rules of International Arbitration and a Member of the Working Group for the Revision of the Swiss Rules of International Arbitration

Philipp Habegger is a Partner with Walder Wyss and Partners in Zurich. He is a Court Member of the ICC International Court of Arbitration and the Arbitration Committee of the Swiss Rules of International Arbitration. He is a former Vice Chair of the Arbitration Committee of the International
Bar Association.