Swiss Rules—responding to a Notice of Arbitration (the Answer to the Notice of Arbitration)
Produced in partnership with Lalive (Geneva)
Swiss Rules—responding to a Notice of Arbitration (the Answer to the Notice of Arbitration)

The following Arbitration practice note produced in partnership with Lalive (Geneva) provides comprehensive and up to date legal information covering:

  • Swiss Rules—responding to a Notice of Arbitration (the Answer to the Notice of Arbitration)
  • Timing of the submission of an Answer to Notice of Arbitration
  • Communication of the Answer
  • Content of the Answer
  • Joining third parties

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.

Timing of the submission of an Answer to Notice of Arbitration

An arbitration under the Swiss Rules of International Arbitration (the Swiss Rules) administered by the Swiss Chambers’ Arbitration Institution (the SCAI) is commenced by a Notice of Arbitration—see Practice Note: Swiss Rules—starting an arbitration (the Notice of Arbitration)).

The respondent to the notice must submit an answer to the Notice of Arbitration within 30 days of receiving the notice (art 3.7) (the Answer). Official holidays or non-business days which occur while the period of time is running are included in the calculation of a period of time (art 2.2).

Where it deems it necessary, the Arbitration Court of the SCAI (the Court) may extend the time limit for the filing of the Answer (art 2.3).

Non-acceptance of the Answer by the arbitral tribunal does not mean that the respondent is to be regarded as having accepted the claims; instead, it will simply be left without a formal defence.

Communication of the Answer

The Answer must be submitted to the Secretariat of the SCAI (art 3.7), in

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