The doctrine of sovereign immunity can be traced back to early international law theories. Traditionally, sovereign immunity was considered absolute, meaning that states could not be sued under any circumstances. However, as international relations and state involvement in commerce expanded, many countries, including Switzerland, adopted a restrictive approach. This distinction allows legal actions against states […]
Switzerland Arbitration
Arbitration and the Revised Swiss Private International Law Act
The Swiss Private International Law Act (“PILA”), codified in the Federal Act on Private International Law of 18 December 1987, is likely the most complete codification of private international law in the world. Initially introduced in Swiss legislation to strengthen Switzerland’s position in the field of international law, the PILA was recently revamped to accommodate […]
Arbitration in Switzerland
Switzerland is among the most preferred seats for arbitration, as revealed by an international Survey from 2018.[1] Its attractivity stems from factors such as its political neutrality, the well-established legal framework, the qualified arbitration practitioners, and its efficient institutions. Some key points relevant to the choice of Switzerland as a seat of arbitration will be […]
An Introduction to the ASA Arbitration Toolbox
In June 2021, the Swiss Arbitration Association (“ASA”) published the ASA Arbitration Toolbox, a free, interactive platform that guides users through the various steps of an international commercial arbitration via the help of questionnaires, diagrams, practical tips, as well as downloadable sample documents. The ASA Arbitration Toolbox is available online here. In order to access […]
Revised 2021 Swiss Arbitration Rules
The newly-revised 2021 Swiss Rules of International Arbitration (“2021 Swiss Rules”) took effect on 1 June 2021 and apply to all arbitrations commencing on or after that date, superseding the 2012 version previously in force, unless the parties otherwise agree. Originally enacted on 1 January 2004, and having undergone only one revision in 2012, the […]
Reform of Swiss Arbitration Law – Key Changes and Developments
On 19 June 2020, the Swiss Parliament approved a long-awaited revision of Swiss Arbitration Law, expected to enter into force in early 2021. This is a welcome development, preserving and further strengthening Switzerland’s position as one of the most attractive venues for hosting international arbitrations, both ad hoc and institutional. International Arbitration in Switzerland is […]
Aceris Law Wins Another ICC Arbitration under Swiss Law
Aceris Law is pleased to have won another ICC arbitration under Swiss law for a European client regarding the construction of a cement plant in a West African State. Representing the Employer, the dispute concerned back charges, liquidated damages for delay and damages caused by the breach of the arbitration agreement. As usual, Aceris Law’s […]
Swiss Chamber’s Arbitration Institution
The Swiss Chambers’ Arbitration Institution, also known as the “SCAI”, is an arbitration institution based in Geneva, Switzerland, which offers dispute resolution services based on the Swiss Rules of International Arbitration (the “Swiss Rules”) and the Swiss Rules of Commercial Mediation. The Swiss Chambers’ Arbitration Institution is, since 2012, an independent entity, established by the Chambers […]
William Kirtley Discusses Enforcement of SCC Arbitration Award against Gazprom with Russian Newspaper Novaya Gazeta
As explained by international arbitration lawyer William Kirtley in the Russian-language article, the use of international arbitration is quite standard to resolve international disputes involving the gas industry. SCC arbitration in particular is commonly used to resolve disputes involving countries of the former Soviet Union. Since Naftogaz received an arbitration award in its favour […]
