Swiss Rules—procedure
Produced in partnership with LALIVE
Swiss Rules—procedure

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

  • Swiss Rules—procedure
  • Notice of Arbitration and the Answer; the Statement of Claim and the Statement of Defence
  • The parties’ written submissions
  • Seat and hearing venue
  • Hearings
  • Closing of proceedings
  • Language of the proceedings
  • Confidentiality
  • Expedited procedure
  • Awards

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, leave considerable discretion to the arbitral tribunal when it comes to the procedure of the arbitration. The arbitrators may conduct the proceedings in such manner as they consider appropriate, provided that they ensure equal treatment of the parties and their right to be heard (art 15.1).

The arbitral tribunal must, in consultation with the parties, prepare a provisional timetable for the arbitral proceedings at an early stage of the proceedings. In practice, the provisional timetable is often issued following an initial case management conference between the tribunal and the parties. The provisional timetable must be provided to the parties and, for information, to the Secretariat (art 15.3).

The Swiss Rules expressly provide that if a party knows that any provision or requirement of the Rules or other applicable procedural rule has not been complied with and yet proceeds with the arbitration without promptly stating its objection to such non-compliance, is deemed to have waived its right

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