Swiss International Arbitration Law Reports - 2007 Volume 1 Nos. 1 & 2

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Preface
By Pierre A. Karrer

"Switzerland has always been one of the jurisdictions of choice in international arbitration. One thing is an arbitration-friendly statute, another is its implementation in the court system, and that is where Switzerland has an edge. The promises of principle are kept by the realities of practice.
When it renewed its arbitration law, from 1989 onwards, Switzerland provided for setting aside proceedings to go straight to the Swiss Federal Supreme Court, first civil chamber. The chamber is accordingly the only forum deciding setting aside matters, only about 14 cases a year (and a few requests are withdrawn). Unlike the situation in many other countries that provide for two or even three tiers of judicial review, Swiss international arbitration law is reasonably predictable and reliable in the courts.
The present publication confirms that international arbitral awards rendered in Switzerland are set aside only in the rarest of cases, about one a year out of the hundreds of international arbitrations each year in Switzerland, about half of those on questions of jurisdiction, and, not a single one in by now soon twenty years, on grounds of violation of public policy (to be understood as transnational public policy)..."

Table of Contents

Preface
Introduction by the General Editors
About the General Editors
Table of Abbreviations
Table of Cases Reported and Translated
Table of Cases Cited
Table of Treaties, Statutory Instruments, Arbitration
Rules and other Private Regulations
Reported and Translated Cases
Swiss Federal Private International
Law Act, 1987
Index

Author Detail

Paolo Michele Patocchi, a Partner with Lenz & Staehelin, is a Swiss qualified attorney-at-law; he regularly represents parties as counsel before arbitral tribunals and has been acting as an arbitrator in a number of European jurisdictions under arbitration rules such as the ICC Rules, the UNCITRAL Arbitration Rules, the Swiss Rules, the Rules of the Chamber of Arbitration of Milan, the Rules of the Hungarian Chamber of Commerce and Industry and the ICSID Additional Facility Rules. He has also acted as a mediator under the ICDR International Dispute Resolution Procedures. He has been the first Chairman of the National Arbitration Committee as well as the Special Committee of the Swiss Chambers of Commerce (administering arbitrations and deciding on challenges of arbitrators under the Swiss Rules of International Arbitration).

Matthias Scherer, a Partner at Lalive, is regularly appointed as counsel or arbitrator in arbitration proceedings under the auspices of leading arbitration institutions including the ICC, ICSID, Swiss Chambers of Commerce, the LCIA and the Stockholm Chamber of Commerce. He is a past member of the Arbitration Committee of the Swiss Chambers of Commerce, and served as a vice chair of the IBA Arbitration Committee. He is an associate member of the ICC Institute, and the Editor of the quarterly journal of the Swiss Arbitration Association (ASA Bulletin). He regularly represents parties before the Swiss Federal Supreme Court.

Reviews

Praise for The Swiss International Arbitration Law Reports:

"Practitioners all over the world should be grateful to the editors of The Swiss International Arbitration Law Reports for making the wealth of Swiss case law on international arbitration, scattered until now, so easily accessible in English, the language used in the vast majority of international arbitrations having their seat in Switzerland."
-Pierre A. Karrer, Honorary President of ASA (Swiss Arbitration Association); Vice President, Arbitration Institute of Stockholm Chamber of Commerce (SCC)

"Switzerland is one of the leading centres of international arbitration and decisions of the Swiss Federal Supreme Court are therefore of considerable interest. By providing English translations of these decisions the editors make them much more accessible to arbitration practitioners worldwide. Messrs Patocchi and Scherer are to be congratulated on this exciting initiative."
-Michael Pryles, Council member ICCA

"This welcome publication, available in the English language, is not only an indispensable tool for all those interested in transnational arbitration in Switzerland; but also, given the long and successful traditions of Swiss jurisprudence on international arbitration, a most useful tool for all those interested in arbitration everywhere."
-V.V. Veeder, member of Essex Court Chambers

"This is an extremely valuable resource, meticulously prepared by two leading Swiss international arbitration practitioners, and will prove invaluable on both sides of the Atlantic. It will be essential for all practitioners in the field, whether in Switzerland or abroad."
-Gary Born, Partner, WilmerHale, London

"Switzerland is one of the most popular centres for international arbitrations in Europe. It follows that the supervisory legal regime applicable to such arbitrations held in that jurisdiction is of considerable interest to international arbitration practitioners around the world, and their clients. The case reports will appear in the original language as well as in English translation, and deserve a warm welcome by the international arbitration community."
-Martin Hunter, Professor of International Dispute Resolution at Nottingham Law School

"The Swiss International Arbitration Law Reports are bound to become indispensable for international arbitration practitioners because of the importance of Switzerland as a seat of arbitration and the high regard in which decisions of the Federal Supreme Court are held. I appreciate, in particular, the very helpful head notes and summaries which guide busy practitioners to the material they require."
-Judith Gill, Partner, Allen & Overy, London; Director of the LCIA; member of the LCIA Court and member of the ICC UK Arbitration Group

"The present publication will, for the first time, make Swiss Federal Supreme Court decisions relevant to the arbitration practitioner available in the lingua franca of the 21st century and thus allow the international arbitration community to benefit from the Swiss jurisprudence on international arbitration more widely. [...]
This new publication is recommended to anyone involved in arbitration work at the international level. In future, neither practitioners nor researchers will be able to do without it."
-Arbitration (The International Journal of The Chartered Institute of Arbitrators); Review by Gordon Blanke

Swiss International Arbitration Law Reports - 2007 Volume 1 Nos. 1 & 2 - Downloadable Electronic Product