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Vol 24 No 2 Feb/March 2019

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Arbitration in Switzerland: The Practitioner's Guide 2nd ed

ISBN13: 9789041192370
Previous Edition ISBN: 9789041133779
Published: August 2018
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback, 2 Volumes
Price: £241.00

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Arbitration in Switzerland is the most comprehensive treatise on arbitration in Switzerland. Switzerland has become one of the most popular venues for international arbitrations in the course of the past century. In light of the country’s leading role, an all-encompassing publication on the country’s arbitration law is essential. This incomparable second edition provides an in-depth analysis of the law and practice of international arbitration in Switzerland.

With this second edition, which comprises approximately 1,200 pages more than the first one, the publication has been divided into two volumes: the first volume focusing on Chapter 12 of the Private International Law of Switzerland (PILS) and the Swiss Rules of International Arbitration; the second volume on the ICC Rules, the CAS Rules and the WIPO Rules. These five article-by-article commentaries constitute the bulk of the treatise.

What’s in this book:

Included are such topics as the following (and much more), each covered in a variety of institutional and case-related contexts:

  • conduct of the arbitration;
  • interim measures, including those issued by emergency arbitrators;
  • taking of evidence;
  • parallel proceedings;
  • expedited proceedings;
  • emergency proceedings;
  • default proceedings;
  • multi-party and multi-contract arbitrations;
  • multi-tiered and hybrid arbitration clauses;
  • recognition and enforcement of awards, including grounds for refusal;
  • setting aside of awards; and
  • revision of awards.
This edition includes new chapters on arbitrating M&A disputes, labor disputes, energy disputes, commodity trading and shipping disputes, as well as an entirely new 400-page commentary on the 2014 WIPO Arbitration Rules, including the expedited rules. The commentary on the ICC Rules has been overhauled to cover the changes that were introduced on 1 March 2017, including the introduction of an expedited procedure for small claims, as well as general amendments designed to streamline non-expedited cases and to provide greater transparency to the arbitration process. The other three article-by-article commentaries on the lex arbitri (Chapter 12 PILS), the Swiss Rules and the CAS Rules have been fully updated and expanded, too. New special topics address res judicata, insolvency, default proceedings, bribery and corruption, and third party funding.

How this will help you:

This book draws on Switzerland’s large body of case law on arbitration, which substantially enhances reliability and predictability for parties from abroad. Whether a dispute involves intellectual property, construction, trusts, sports, investment or any of the other problem areas where arbitration promises the best resolution, arbitrators, counsel and the parties they represent will find all the information and guidance they need here. As Switzerland continues to follow developments in international arbitration and takes the needs of arbitration users into consideration, this practical and forward-looking book undoubtedly serves as an indispensable tool for practitioners in an environment of increased competition.

European Jurisdictions, Switzerland, Arbitration and Alternative Dispute Resolution
Volume I
Foreword to the Second Edition
About the Editor
The Authors
Table of Abbreviations
Chapter 1
Part I: History of Arbitration
Part II: Domestic Arbitration under the Swiss Code of Civil Procedure
Chapter 2
The Swiss Private International Law (Chapter 12)
Part I: Salient Features and Amenities of Chapter 12 PILS
Part II: Commentary on Chapter 12 PILS
Chapter 3
The Swiss Rules of International Arbitration
Part I: Introduction to the Swiss Rules of International Arbitration
Part II: Commentary on the Swiss Rules
Chapter 4
Ad Hoc Arbitration in Switzerland
Chapter 5
IP & IT Arbitration in Switzerland
Chapter 6
Construction Arbitration in Switzerland
Chapter 7
Investment Arbitration in Switzerland
Chapter 8
Arbitrating M&A Disputes
Chapter 9
Arbitrating Labor Disputes
Chapter 10
Arbitrating Trust Disputes
Chapter 11
Arbitrating Energy Disputes
Chapter 12
Arbitrating Commodity Trading, Shipping and Related Disputes
Chapter 13
Revision of Awards
Chapter 14
Recognition and Enforcement of Awards
Volume II
Chapter 15
The CAS Procedural Rules
Part I: Introduction to the CAS Code
Part II: Commentary on the CAS Procedural Rules
Chapter 16
The WIPO Arbitration and WIPO Expedited Arbitration Rules
Part I: Introduction
Part II: Commentary on the WIPO Arbitration and WIPO Expedited Arbitration Rules
Chapter 17
The ICC Rules of Arbitration
Part I: Introduction to the ICC Rules of Arbitration
Part II: Commentary on the ICC Rules
Chapter 18
Special Topics
Part I: Multi-party Arbitrations
Part II: Confidentiality of Arbitration in Switzerland
Part III: Interim Measures in International Arbitration
Part IV: Costs in International Arbitration
Part V: Saving Time and Costs in Arbitration
Part VI: Third Party Funding in Arbitration
Part VII: Parallel Proceedings and Lis Pendens
Part VIII: Res Judicata in International Arbitration
Part IX: Default Proceedings
Part X: Insolvency and Arbitration
Part XI: Bribery and Corruption in Arbitration
Part XII: Rights and Duties of Arbitrators
Part XIII: Selection and Appointment of Arbitrators
Part XIV: Interpreting and Supplementing the Applicable National Law and the Terms of the Contract by Reference to General Contract Principles
Part XV: Choice of Law Clauses in Arbitration Agreements
Part XVI: Multi-tiered and Hybrid Arbitration Clauses
Part XVII: Penalty Clauses in Arbitration Agreements
Part XVIII: Damages for Breach of Arbitration Agreements
Table of Authorities (Commentaries, Articles and Monographs)

Series: Arbitration in

Arbitration in the Netherlands ISBN 9789041156129
To be published July 2019
Kluwer Law International
Arbitration in Belgium: A Practitioner's Guide ISBN 9789041152251
Published April 2016
Kluwer Law International
Arbitration in Romania: A Practitioner's Guide ISBN 9789041166982
Published March 2016
Kluwer Law International
Arbitration in China: A Practitioner's Gude ISBN 9789041148407
Published September 2015
Kluwer Law International
Arbitration in Germany: The Model Law in Practice 2nd ed ISBN 9789041158604
Published December 2014
Kluwer Law International
Arbitration in Turkey ISBN 9789041149817
Published December 2014
Kluwer Law International
Arbitration in Switzerland: A Practitioner's Handbook ISBN 9789041133779
Published October 2013
Kluwer Law International
Out of print
Arbitration in Africa: A Practitioner's Guide ISBN 9789041135209
Published June 2013
Kluwer Law International