Interim remedies in support of arbitration in Switzerland
Produced in partnership with Dr Bernd Ehle LLM of LALIVE
Practice notesInterim remedies in support of arbitration in Switzerland
Produced in partnership with Dr Bernd Ehle LLM of LALIVE
Practice notesThis 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:
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unless the parties have agreed otherwise, the arbitral tribunal may, at the request of a party, order interim measures or conservatory measures
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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
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the arbitral tribunal or the state court may make the interim or conservatory measures subject to the provision of appropriate security
Under
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