21 KEY ARBITRATION DEVELOPMENTS FROM 2020
8. Switzerland’s revision of Chapter 12 of its Private International Law Act (PILA)
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The reform concerns international arbitration. The aim of the revision process was to align the legislative text with the case law of the Swiss Federal Court and to clarify certain matters. Some revisions worth noting: →
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• Enhanced assistance form the Swiss State Courts to appoint arbitrators (absent any specific agreement and in multiparty arbitrations) to avoid delaying tactics in ad hoc arbitrations (Article 179) • Modern forms of communications in writing may prove the existence of the arbitration agreement (Article 178) • Revision as an additional remedy available to parties (Article 190 (a)) SWIPE
The greatest novelty from our perspective is the fact that challenges to awards may now be filed in English. This will save time and cost when the arbitration proceedings were already in English. The decision of the Swiss Federal Court will nevertheless remain in one of the official languages. SWIPE
The revised Swiss Arbitration Law entered into force on 1 January 2021. bit.ly/SwissArbitration Its English version is available here: bit.ly/SwissArbitrationEN
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Contact
Flore Poloni Partner, Paris flore.poloni@signaturelitigation.com
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