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,

Given the positive evolution of the COVID-19 situation in Switzerland, the members of the SCAI Secretariat are back in the office.

You may again reach our offices by telephone. To ensure the most efficient treatment of your queries, you may nevertheless keep contacting us by e-mail by using the following addresses:  geneva@swissarbitration.org or zurich@swissarbitration.org, as appropriate.

Applications for Emergency Relief, Notices of Arbitration, Answers to the Notice of Arbitration and Requests for Mediation should in particular still be sent not only by post/courier, but also by e-mail.  

We thank you for your cooperation.   

Kind regards / Meilleures salutations / Freundliche Grüsse / Cordiali saluti

Caroline Ming

Executive Director

 

 

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Events

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24/09/2020 13:00-14:00

How to draft effective dispute resolution clauses and how to solve issues when drafting was poor?

Webinar. 24 September 2020. 1pm CET.  This fourth ASA / SCAI webinar will focus on key challenges faced by in-house counsel and attorneys drafting and negotiating dispute resolution clauses such as arbitration clauses, mediation clauses, and combined med-arb clauses, as well as the existing tools, techniques and considerations for in-house counsel and private practitioners when facing a poorly
28/01/2021

5th SCAI Innovation Conference

Geneva. 28 January 2021. All day.  Save the date for the 5th SCAI Innovation Conference that will take place in Geneva this time.  Participants will be encouraged to comment on the improvement ideas suggested by the panellists and to share their own in view of the drafting of a joint paper. In collaboration with ASA, the SCAI Innovation Conference will be immediately followed by the ASA G
29/01/2021 18:30-18:00

ASA Annual Conference & Gala Dinner 2021

Geneva. 28 (evening) and 29 (all day) January 2021. Save the date! 
09/06/2021

Energy arbitration at times of climate change

Riga. 9 June 2021. Save the date Why, when and how should you use the Energy Charter Treaty (ECT) and the Swiss Rules of International Arbitration (Swiss Rules) in energy related transactions and disputes? Come and celebrate with us the newly translated Swiss Rules in Latvian and Lithuanian.  Topics, speakers and further indications should be the same or similar as those mentioned in the
03/02/2022

6th SCAI Innovation Conference 2022

Zurich. 3 February 2022.  Save the date for the 6th SCAI Innovation Conference that will take place in Zurich this time.  Participants will be encouraged to comment on the improvement ideas suggested by the panellists and to share their own in view of the drafting of a joint paper. In collaboration with ASA, the SCAI Innovation Conference will be immediately followed by the ASA Gala Dinne