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Vol 21 No 8 Aug/Sept 2016

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International Arbitration in Switzerland: An Introduction and Commentary on Articles 176-194 of the Swiss Private International Law Statute

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Edited by: Stephen V. Berti, Heinrich Vogt Nedim Peter Honsell, Anton K. Schnyder

ISBN13: 9789041113191
ISBN: 9041113193
Published: June 2000
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £213.00



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Since 1st January 1989 Switzerland has a new International Arbitration Act, in the form of Chapter Twelve of the Federal Statute on Private International Law (PILS). In the German version of the ""Basler Kommentar"" on the PILS published in 1996, experienced Swiss arbitration practitioners gave a detailed commentary of the provisions on international arbitration.

This commentary is now available in an English translation based on drafts by Stephen V. Berti. The book contains a comprehensive, updated introduction to international arbitration by Marc Blessing, followed by:-

  • the commentary of articles 176 - 194 PILS by Felix R. Ehrat (article 176);
  • Robert Briner (article 177);
  • Werner Wenger (articles 178 and 186);
  • Wolfgang Peter and Thomas Legler (article 179);
  • Wolfgang Peter and Caroline Freymond (article 180);
  • Nedim Peter Vogt (article 181);
  • Michael E. Schneider (articles 182 and 184);
  • Stephen V. Berti (articles 183, 185 and 193);
  • Pierre A. Karrer (article 187);
  • Markus Wirth (articles 188 and 189);
  • Stephen V. Berti and Anton K. Schnyder (articles 190 and 191);
  • and Paolo Michele Patocchi and Cesare Jermini (articles 192 and 194).
The work provides an in-depth analysis of the provisions of the Swiss International Arbitration Act, and explains how they became law and how they have been interpreted in practice during the first few years since they came into force.

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Subjects:
European Jurisdictions, Arbitration and Dispute Resolution
Contents:
I. International Bibliography.
II. Swiss Tradition and Legal Culture.
III. Brief Review of International Developments.
IV. Globalisation and Harmonisation.
V. Requirements and Expectations Regarding A Modern Place of Arbitration.
VI. Legislative Developments in Switzerland.
VII. The Predominant Features of Chapter Twelve.
VIII. Determination of the Substantive Rules of Law.
IX. Impact of Mandatory Rules, Sanctions, Competition Laws.
X. Interim Relief and Discovery in International Arbitration.
XI. Ad hoc Arbitration and Institutional Arbitration in Switzerland.
XII. ADR (Alternative Dispute Resolution).
XIII. The Swiss Arbitration Association (ASA).