Swiss Rules—appointing the tribunal
Produced in partnership with LALIVE
Swiss Rules—appointing the tribunal

The following Arbitration practice note produced in partnership with LALIVE provides comprehensive and up to date legal information covering:

  • Swiss Rules—appointing the tribunal
  • Number of arbitrators
  • Appointment mechanism
  • Appointment of the tribunal in multiparty proceedings
  • The Arbitration Court’s general power to address failures in the constitution of the tribunal
  • Confirmation of arbitrators by the Arbitration Court
  • Termination of the proceedings before the constitution of the tribunal
  • Replacement of an arbitrator

CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. For information on how this content and relevant arbitration proceedings may be impacted, see Practice Note: Arbitral organisations and coronavirus (COVID-19)—practical impact. For additional information, see: Coronavirus (COVID-19) and arbitration—overview.

The Swiss Rules of International Arbitration (the Swiss Rules), which entered into force on 1 June 2012, apply to all arbitrations commenced on or after 1 June 2012 on the basis of an arbitration agreement referring either to the Swiss Rules or to the former rules of the Chambers.

The provisions of the Swiss Rules governing the appointment of the arbitral tribunal are largely similar to those of most of the other widely-used arbitration rules, with a few particularities.

Number of arbitrators

Under the Swiss Rules, the parties are free to agree on the number of arbitrators that the arbitral tribunal will be composed of, and can do so either in their arbitration agreement or subsequently. If the parties do not reach agreement before the arbitral proceedings are initiated, the Swiss Rules require the claimant to include a proposal as to the number of arbitrators in its Notice of Arbitration (art 3.3(g)). The respondent will then either agree with the claimant’s proposal or include its own proposal in its Answer to the Notice of

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