The following Arbitration practice note produced in partnership with Lalive (Geneva) provides comprehensive and up to date legal information covering:
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 Swiss Chambers of Commerce.
This Practice Note considers some of the key features of the Swiss Rules.
Most institutional rules are silent on whether the institution can appoint a board or arbitration court member as arbitrator in an arbitration administered by the institution. By contrast, in an arbitration under the Swiss Rules of International Arbitration (Swiss Rules) this potential conflict of interest is addressed directly. Article 9.1 of the Internal Rules of the Arbitration Court (the Arbitration Court) of the Swiss Chambers’ Arbitration Institution explicitly prohibits the Arbitration Court from appointing any of its members as arbitrators in proceedings conducted under the Swiss Rules.
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