Switzerland

Abstract This chapter examines the arbitration system of Switzerland. It begins with a discussion of the history of arbitration law in Switzerland, the current status of the law, the distinction between national and international arbitration, and the practice of arbitration in the country. It then considers the jurisdiction of the arbitral tribunal, with particular emphasis on the arbitration agreement itself (eg, arbitration clause and submission agreement, binding effect of an arbitration clause on third parties), the issue of arbitrability in the context of international arbitration, and decision on the arbitral tribunal’s jurisdiction (‘competence–competence’). The chapter also looks at the composition of the arbitral tribunal, and especially how arbitrators are appointed and replaced, as well as the general principles of the arbitral procedure, types of arbitral awards rendered, and the question of liability of arbitrators. Finally, it analyses the enforcement of national and foreign awards in Switzerland.