International arbitration Commercial mediation

Swiss Rules of International Arbitration

The Swiss Chambers of Commerce have been offering arbitration services for more than 150 years. With the Swiss Rules of International Arbitration they offer uniform, efficient and cost effective means of binding dispute resolution based on best practices and international standards. Arbitration under the Swiss Rules is administered by the Swiss Chambers’ Arbitration Institution (SCAI), a neutral body comprised of experienced international arbitration practitioners which acts in complete independence.

Arbitration is generally more expeditious and cheaper than proceedings before state courts, in particular in international matters. The arbitrators are chosen for their expertise in the particular industry or dispute. Contrary to state court judgments, arbitral awards rendered under the Swiss Rules are confidential. Owing to a number of international conventions they are easier to enforce on a worldwide basis than court judgments. Swiss Rules arbitration can be tailored to any budget and dispute, and can be combined with conciliation or mediation.

Swiss Rules of Mediation

Switzerland has a long-standing international reputation in mediation, diplomacy and the offering of good services. The Swiss Chambers' Arbitration Institution has drafted the Swiss Rules of Mediation based on decades of experience and best practices. Mediation is a very flexible means of dispute resolution that is particularly suitable for international and inter-cultural disputes of all sizes and where the parties in dispute hope to preserve, or to renew, their commercial relationships.

The modern and adaptable Swiss Rules of Mediation encourage parties to find an amicable solution to their dispute with the assistance of a qualified neutral, either using evaluative mediation (conciliation) or interest-focused mediation. If successful, mediation proceedings are considerably faster and cheaper than litigation. They can also be used in combination with arbitration to control costs. The Swiss Rules of Mediation suggest ways of combining mediation with arbitration.

Ombudsman/mediation for Financial Services

(according to the FinSA or on a voluntary basis)

On 1 January 2020, the Swiss Financial Services Act (FinSA) entered into force and clients of financial service providers can avail themselves of an ombudsman/mediation procedure. For this purpose, the financial service providers active in Switzerland must be affiliated to an ombudsman recognised by the Swiss Federal Finance Department (FDF).

SCAI has obtained the FDF recognition in July 2020 and is now offering these specific mediation services to all interested Financial Service Providers,  client advisers, trustees, and clients thereof, whether subject to the FinSA or not, in accordance with our Rules of Mediation Procedure for Financial Services. 

Non-Swiss Financial Service Providers who are not active in Switzerland and not providing services to Swiss based clients are not subject to the FinSA and do not have to affiliate themselves with a Swiss Mediation Organ such as SCAI. Non-Swiss Financial Service Providers can nonetheless agree with their non-Swiss based clients to use our Mediation Organ either by inserting in their contracts a mediation clause referring to SCAI and the SCAI Rules of Mediation Procedure for Financial Services, or by agreeing with their clients to refer thereto once a dispute arises. Relevant Model Mediation Clauses are available here.  

For more information: https://www.swissarbitration.org/Ombuds-FIN

IMPORTANT INFORMATION

Our continued commitment to supporting you 

Dear Users, Counsel, Arbitrators and Mediators,

As we adapt daily to the evolving COVID-19 situation, we would like to inform you that the SCAI offices remain fully operational and at your service.

To ensure the most efficient treatment of your queries, we advise you to contact us by e-mail by using the following addresses:  geneva@swissarbitration.org or zurich@swissarbitration.org, as appropriate.

Applications for Emergency ReliefNotices of ArbitrationAnswers to the Notice of Arbitration and Requests for Mediation should be sent by post/courier as usual, and also by e-mail to  geneva@swissarbitration.org or zurich@swissarbitration.org, as appropriate..  

We thank you for your cooperation.   

Kind regards / Meilleures salutations / Freundliche Grüsse / Cordiali saluti

Caroline Ming

Executive Director

 

 

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