Swiss Rules of International Arbitration (Swiss Rules)
| Páginas | 225-246 |
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Swiss Rules of International Arbitration (Swiss Rules)
January 2004
MODEL ARBITRATION CLAUSE
Any dispute, controversy or claim arising out of or in relation to this contract, including the
validity, invalidity, breach or termination thereof, shall be resolved by arbitration in accordance
with the Swiss Rules of International Arbitration of the Swiss Chambers of Commerce in force on
the date when the Notice of Arbitration is submitted in accordance with these Rules. The number
of arbitrators 1shall be ... (one or three); The seat of the arbitration shall be ... (city in
Switzerland);
The arbitral proceedings shall be conducted in ..… (insert desired language).
INTRODUCTION
(a) In the past, six Chambers of Commerce and Industry in Switzerland had their own different
rules of arbitration for the resolution of international commercial disputes.
(b) In order to promote institutional arbitration in Switzerland and to harmonise the existing rules
of arbitration, the Chambers of Commerce and Industry of Basel, Bern, Geneva, Ticino, Vaud and
Zurich (hereinafter collectively “the Chambers”) have adopted the present uniform rules, the
Swiss Rules of International Arbitration (hereinafter the "Rules"), which replace the Chambers'
former rules of international arbitration.
These Rules are based on the UNCITRAL Arbitration Rules, to which two types of changes and
additions have been made:
i. Changes and additions required to adapt the UNCITRAL Arbitration Rules to institutional
arbitration;
ii. Changes and additions reflecting modern practice and comparative law in the field of
international arbitration. These changes and additions have been deliberately kept to a minimum.
A
comparative version of these Rules, in which the modifications to the UNCITRAL Arbitration
Rules are italicised, is available on the website of the Chambers: www.swissarbitration.ch.
(c) When a Notice of Arbitration is submitted to one of the Chambers listed in Appendix A, an
arbitral tribunal shall be constituted in accordance with these Rules.
1 For the sake of convenience only the masculine form is used within theses Rules.
(d) In order to ensure the administration of arbitrations under these Rules, the Chambers have
appointed an Arbitration Committee (hereinafter the “Arbitration Committee”), which shall
exercise the powers vested in the Chambers under these Rules, so that any reference to the
Chambers in these Rules shall be deemed to refer to the Arbitration Committee.
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(e) The Arbitration Committee is comprised of experienced practitioners of international
arbitration. The Arbitration Committee shall designate from among its members the person or
persons who will assist the Chambers in the administration and monitoring of the arbitral
proceedings. In addition, the Arbitration Committee has designated from among its members a
Special Committee (hereinafter the “Special Committee”), which shall render decisions under
Articles 11 and 12 on the challenge and revocation of arbitrators and under Article 16 on the seat
of arbitration, and advise the Chambers on other procedural matters that may arise in relation to
the application of these Rules.
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SCOPE OF APPLICATION
Article 1
1. These Rules shall govern international arbitrations, where an agreement to arbitrate refers to
these Rules, or to the arbitration rules of the Chambers of Commerce and Industry of Basel, Bern,
Geneva, Ticino, Vaud, Zurich and any further Chamber of Commerce and Industry that may
adhere to these Rules.
2. The parties are free to designate the seat of the arbitration anywhere in Switzerland.
3. These Rules shall come into force on January 1st, 2004 and, unless the parties have agreed
otherwise, shall apply to all arbitral proceedings in which the Notice of Arbitration is submitted
on or after that date.
NOTICE, CALCULATION OF PERIODS OF TIME
Article 2
1. For the purposes of these Rules, any notice, including a notification, communication or
proposal, is deemed to have been received if it is physically delivered to the addressee or if it is
delivered to its habitual residence, place of business or mailing address, or, if none of these can be
found after making reasonable inquiry, then at the addressee’s last-known residence or place of
business. Notice shall be deemed to have been received on the day it is so delivered.
2. For the purposes of calculating a period of time under these Rules, such period shall begin to
run on the day following the day when a notice, notification, communication or proposal is
received. If the last day of such period is an official holiday or a non-business day at the residence
or place of business of the addressee, the period is extended until the first business day which
follows. Official holidays or non-business days occurring during the running of the period of time
are included in calculating the period.
3. If the circumstances so justify, the Chambers may extend the time-limits provided in Section I
(Introductory Rules) and Section II (Composition of the arbitral tribunal), as well as any time-
limits that they have set.
NOTICE OF ARBITRATION AND ANSWER TO THE NOTICE OF ARBITRATION
Article 3
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