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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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10 Years of Swiss Rules of International Arbitration: ASA Special Series No. 44

Edited by: Nathalie Voser

ISBN13: 9781937518493
Published: November 2014
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: £105.00

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On the occasion of the 10th anniversary of the Swiss Rules of International Arbitration, the ASA decided to devote its annual conference in January 2014 to this topic. This volume of the ASA Special Series contains the written versions of all the presentations given during this conference. Most of the contributions were based on the verbatim protocol which was prepared on the conference day and thus retain their informal speaking style.

In their 10 years of existence, the Swiss Rules have established themselves as modern arbitration rules, offering a user efficient and transparent arbitral proceedings. Probably the most distinguishing feature of the Swiss Rules with regard to the administration of the cases is their "light touch" as applied by the Swiss Chambers' Arbitration Institution, reserving however a supervisory function for its Court.

This volume is structured along the panels of the conference. The first panel addressed the history and the background of the Rules as well as their main characteristics. The second and the third panels explore the key features of the revised Swiss Rules, namely the consolidation and joinder provisions, the set-off and counter-claim provisions, the expedited procedure, provisional measures and the emergency arbitrator as well as provisions on confidentiality and settlement facilitation. While the fourth panel provided the insiders’ view into how the Institution administers its cases, the fifth and last panel discussed the perspectives of the users, the arbitrators and counsel as well as their experiences with the Swiss Rules.

Arbitration and Dispute Resolution
About the Editor
About the ASA President
About the Session Chairs and Panelists
Programme of the Conference
Introduction by ASA President

Panel 1: "Past and Present": Background and Main Characteristics of the Swiss Rules
The Background of the 2004 Swiss Rules
Wolfgang Peter
Background of the 2012 Revision: What Were the Main Objectives?
Christoph Müller

Panel 2: Key Features of the Swiss Rules, Part I
Joinder and Consolidation: Examining Best Practice in the Swiss, HKIAC and ICC Rules
Ruth Stackpool-Moore
Jurisdiction of an Arbitral Tribunal over Set-off under Swiss Rules of International Arbitration
Vladimir Pavić
Expedited Procedure under Art.
42 Swiss Rules
Thomas Rohner

Panel 3: Key Features of the Swiss Rules, Part II
Preliminary Orders and the Emergency Arbitrator: Urgent Interim Relief by an Arbitral Decision Maker in Exceptional Circumstances
Christopher Boog and Bertrand Stoffel
Confidentiality under Art.
44 Swiss Rules
Pascal Hollander
Settlement Facilitation
Markus Wirth

Panel 4: Swiss Rules in Practice: The Insiders' View
Case Administration
Michael Fischer
Appendix 1: Sample Letter to Respondent concerning Receipt of Notice of Arbitration
Appendix 2: Sample Letter of Receipt of Answer to the Notice of Arbitration
Appendix 3: Sample Letter of Confirmation of Consent to Appointment, Constitution and Further Steps
Appendix 4: Sample Form for Consent to Appointment and Statement of Independence
Institutional Involvement and Costs
Joya Raha
The Workings of the Special Committee and the Arbitration Court
Philipp Habegger

Panel 5: Perspectives from Users, Arbitrators and Counsel, and the Way Forward
The Swiss Rules from the Users' Perspective:A Pharmaceutical Company
François Naef
The Swiss Rules from the Users' Perspective: A Sports Organization
Marco Villiger
Counsel's Perspective on the Swiss Rules
Bennar Balkaya
Counsel's Perspective on the Model of Decentralized Administration
Daniele Favalli
An Arbitrator's View: Can Party Autonomy Hinder Procedural Efficiency?
Rudolf Fiebinger and Christoph Hauser
An Arbitrator's Perspective: A Few Reflections about Case Administration under the Swiss Rules
Frank Spoorenberg
Closing Address
Nathalie Voser

Appendix A: Swiss Rules of International Arbitration 2012
Appendix B: Comparison of the 2004 and 2012 Swiss Rules of International Arbitration
Appendix C: Survey on Swiss Rules of International Arbitration