The following Arbitration practice note produced in partnership with Laurence Ponty of Archipel provides comprehensive and up to date legal information covering:
This Practice Note considers the recognition and enforcement of international arbitration awards in Switzerland.
Under Swiss law separate enforcement proceedings apply depending on whether an arbitral award orders for the payment of a sum of money (monetary claims) or specific performance (see articles 335(1)–(2) of the Swiss Code of Civil Procedure (CCP)). Where an award grants both monetary and non-monetary relief to a party, that party must seek enforcement separately for each category of relief.
Only decisions of arbitral tribunals which dispose of the totality or part of the claims are enforceable in Switzerland, ie partial or final awards on the merits.
The duration of enforcement proceedings depends on a number of factors, including the complexity of the matter. Usually, enforcement proceedings can take between six months and two years.
An arbitral award is considered to be international if at least one of the parties to the arbitration agreement did not have its domicile or habitual residence in Switzerland when the arbitration agreement was entered into (article 176(1) of the Federal Statute the Private International Law Act (PILA)). This is now fully clarified in the revised version of PILA which entered into force on 1 January 2021.
In Switzerland, the enforcement procedure for international arbitral awards issued in proceedings with a seat in Switzerland is
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