Interim remedies in support of arbitration in Switzerland

Produced in partnership with Dr Bernd Ehle LLM of LALIVE
Practice notes

Interim remedies in support of arbitration in Switzerland

Produced in partnership with Dr Bernd Ehle LLM of LALIVE

Practice notes
imgtext

This Practice Note considers the interim remedies available in support of arbitration proceedings in Switzerland from both arbitral tribunals and the courts, and how to apply for those remedies.

Chapter 12 of the Swiss Private International Law Act (PILA), a revised version of which entered into force on 1 January 2021, applies to international arbitrations with a seat in Switzerland. As provided under PILA, art 183, interim remedies, which are referred to as 'interim or conservatory measures', are available in international arbitration proceedings in Switzerland.

Article 183 of PILA provides that:

  1. unless the parties have agreed otherwise, the arbitral tribunal may, at the request of a party, order interim measures or conservatory measures

  2. if the party concerned does not voluntarily comply with the measure ordered, the arbitral tribunal or a party may request the assistance of the competent court. The court shall apply its own law

  3. the arbitral tribunal or the state court may make the interim or conservatory measures subject to the provision of appropriate security

Under

Bernd Ehle
Dr Bernd Ehle, LLM

Partner, LALIVE


Bernd specialises in international arbitration, with extensive experience as both counsel and arbitrator in over 100 high-stakes disputes conducted under various arbitration rules and governed by civil and common law. His experience includes serving on dispute adjudication boards.

Bernd advises and represents clients in complex disputes, with a focus on large-scale construction and infrastructure projects, intricate joint venture agreements, M&A transactions and sales and distribution contracts. He is committed to dispute resolution and related capacity building, in particular in Africa, to which a significant portion of his work is related.

Recognised as a “leading light in the next generation of international arbitration practitioners in Switzerland”, Who’s Who Legal Global Leaders, Arbitration, 2022, Bernd also assists and represents clients in the enforcement of arbitral awards and other arbitration-related proceedings before state courts.

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Rules definition
What does Rules mean?

The detailed provisions of a pension scheme.

Popular documents