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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

Newsletters

pdf_20x20 Newsletter - 2019 

The 2019 first semester has been very productive for SCAI as there have been many changes with the nomination of new Court members, the nomination of SCAI as appointing authority by Six Exchange Regulation or the launch of the revised Swiss Rules of Mediation.  

pdf_20x20 Newsletter 2 - 2018

In our latest Newsletter you will read about SCAI's engagement for the development of mediation, notably through the revision of the Swiss Rules of Commercial Mediation to be issued next year, and the Singapore Convention which will be signed early 2019; also learn more about our upcoming Innovation Conference in Geneva.

pdf_20x20 Newsletter 1 - 2018

SCAI is honoured to announce that the Swiss Rules have been chosen as the rules to be used during the 28th Vis Moot Court in Vienna and the 18th Vis (East) Moot Court in Hong Kong to be held in 2021. You will also read the essential take-away from the 2nd SCAI Innovation Conference and access its Report. SCAI also reports about the revision of the Swiss Rules of Commercial Mediation and about past events. Finally, save the dates for our upcoming events.

pdf_20x20 Newsletter 4 - 2017

In our latest Newsletter you will notably read about the launch of the Japanese translation of the Swiss Rules, recent Swiss case law before the Swiss Federal Court and our upcoming Innovation Conference in Zurich.

pdf_20x20 Newsletter 3 - 2017

Learn about IDArb, a common initiative developed by the International Distribution Institute (IDI) and SCAI to promote arbitration for distribution-related disputes. SCAI also reports about past events and invites you to mark you agendas for the conferences to come.

pdf_20x20 Newsletter 2 - 2017

SCAI is honoured to share that it has won the GAR Award for the Arbitral Institution that impressed in the past year, at the Milan GAR Awards ceremony in late March 2017. You will also learn about the newly elected President of the SCAI Board, and the success of SCAI's past events. Finally save the dates for our events and stay tuned for the next Newsletter.

pdf_20x20 Newsletter 1 - 2017

SCAI is always trying to best suit your needs and to promote innovation in this regard. In this first edition of our 2017 Newsletter, you will be able to read about the start of the revision process of our Swiss Rules of Commercial Mediation, learn more about the report of SCAI's First Innovation Conference held in Geneva in early February 2017, and find information about recent case law of the Swiss Federal Supreme Court.

pdf_20x20 Newsletter 4 - 2016

SCAI is yet again one step ahead with its new customizable arbitration clause, designed to allow contracting parties to super-expedite future potential arbitration proceedings between them. Read about this new “turbo clause”, interesting recent case law, upcoming events and other developments in SCAI’s 4th Newsletter of 2016.

pdf_20x20 Newsletter 3 - 2016

SCAI is glad to announce that it has registered its 1'000th Swiss Rules arbitration case. In this Newsletter you will also learn about the success of the Emergency Relief Proceedings under the Swiss Rules, and about the new composition of the SCAI Arbitration Court.

pdf_20x20 Newsletter 2 - 2016

In this Newsletter, you will find highlights on the 2015 statistics, and learn about SCAI's new website. It is also the opportunity to welcome the new members of the Secretariat and the Arbitration Court, and to say farewell to others.

pdf_20x20 Newsletter 1 - 2016

Come and meet SCAI's new Executive Director! In this Newsletter, you will also learn about the strenghts of Switzerland as a place of arbitration.

Comunicati stampa

15 January 2021 - Revised Rules of SCAI as Appointing Authority and Case Administrator in UNCITRAL, ad hoc and other Proceedings  

With a view to offering additional services and to adapting to recent developments in Swiss and international arbitration, SCAI has decided to revise its rules as appointing authority, which has been renamed “Rules of the Swiss Chambers’ Arbitration Institution (“SCAI”) as Appointing Authority and Case Administrator in UNCITRAL, ad hoc and other Proceedings”. 

The revised version of the Rules includes the following changes: (1) The Rules now expressly mention those organizations that have transferred to SCAI the authority to appoint arbitrators (this is done in a footnote, which also mentions two associations in Geneva: Association pour l'arbitrage international en matière de commerce et d'industrie (ARICI); Association pour l’Arbitrage en matière de Baux Commerciaux (ABC)). (2) The revised Rules have a broadened scope now also including supporting and case administrator services (in addition to appointing services) such as services in relation to the arbitrators’ fees and costs, and certain tasks performed by the Secretariat and by the Advisory Council for Mediation in mediation proceedings, which is reflected in the new title: “Rules of the Swiss Chambers’ Arbitration Institution as Appointing Authority and Case Administrator”. (3) A new service is provided: Repository of Published Information regarding UNCITRAL or non-UNCITRAL ad hoc investor-State arbitration proceedings.


 

12 January 2021 - Changes in SCAI Arbitration Court 

SCAI is delighted to present the new President, Vice-President, Secretary and Members of the SCAI Court of Arbitration as well as the new SCAI Court of Arbitration Special Committee Members


 

19 November 2020 - New Ombudsman for Financial Services Disputes

We are delighted to announce that Olivier Rivoire (attorney-at-law, based in Geneva) has joined our pool of accredited Ombudspersons for the resolution of financial services disputes under the Swiss FinSA and the SCAI Rules of Mediation Procedure for Financial Services. Are already approved as Ombudspersons with SCAI : Daniel Glasner (in Geneva) and Prof. Rolf H. Weber and Yvette Schiess (in Zurich).


 

5 October 2020 - New Ombudsman for Financial Services Disputes

We are delighted to announce that Prof. Rolf H. Weber (based in Zurich) has joined our pool of accredited Ombudspersons for the resolution of financial services disputes under the Swiss FinSA and the SCAI Rules of Mediation Procedure for Financial Services. Are also already approved as Ombudspersons with SCAI : Daniel Glasner (in Geneva) and Yvette Schiess (in Zurich).


 

5 August 2020 - SCAI recognized as Mediation Organ / Ombudsman for Financial Service Providers

The Swiss Federal Finance Department (FDF) granted SCAI end of July its recognition as Mediation Organ / Ombudsman for Financial Service Providers in accordance with the Swiss Financial Services Act (FinSA) that entered in force in January 2020. Financial Service Providers with clients based in Switzerland can now affiliate themselves with the SCAI Mediation Organ and benefit of the long standing experience of SCAI in efficient dispute resolution.

Financial Service Providers who are not subject to the Swiss FinSA can also benefit of this new service by agreeing with their non-Swiss based clients to use the SCAI Mediation Organ either by inserting in their contracts a mediation or mediation/arbitration 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. Model dispute resolution clauses are available here

For more information: 

https://www.swissarbitration.org/Ombuds-FIN


 

17 July 2020 - ABC commercial lease arbitration and mediation cases referred to Swiss Rules and SCAI 

End of June 2020, the Geneva based Association for Commercial Lease Arbitration (Association pour l’Arbitrage en matière de Baux Commerciaux ; « ABC ») decided that the Swiss Rules of International Arbitration and the Swiss Rules of Mediation (the « Swiss Rules ») shall govern arbitrations and mediations where an agreement to arbitrate or mediate refers to the Rules of Arbitration of the ABC, and that the Swiss Chambers’ Arbitration Institution (« SCAI ») shall administer these cases.

The transfer agreement signed between ABC and SCAI serves to ensure that parties facing a dispute arising out of, or in relation to contracts referring to the ABC Rules will be administered by the arbitral and mediation institution that ABC deems as the closest to the spirit of ABC’s founders in terms of expertise, efficiency and neutrality. ABC will on its side continue to educate in the field and to provide lists of arbitrators and mediators experimented in commercial lease disputes.

 

15 July 2020 - Collaboration with ITDR

We have the pleasure of announcing our new collaboration with ITDR in view of allowing companies entering IT and Data contracts or facing IT and Data disputes to resolve those in the most time- and cost-efficient manner. ITDR offers dedicated recommendations and lists of specialized arbitrators/mediators/experts on their website, together with a model arbitration/mediation/expert opinion clause for insertion in contracts or specific agreement when facing a dispute.

ITDR arbitration/mediation/expert opinion clause

SCAI arbitration clauses

SCAI mediation clauses

This collaboration is the 3rd such collaboration that SCAI enters into. Since 2012, SCAI collaborates with the Swiss Trading and Shipping Association (STSA), and since 2016 with the International Distribution Institute (IDI).

 

2 July 2020 - ARICI Arbitrations transferred to SCAI

End of June 2020, the International Commercial and Industrial Arbitration Association (Association pour l’Arbitrage International en matière de Commerce et d’Industrie ; « ARICI ») confirmed its agreement that the Swiss Rules of International Arbitration (« Swiss Rules ») shall govern arbitrations where an agreement to arbitrate refers to the International Commercial and Industrial Arbitration Court (Cour pour l’Arbitrage International en matière de Commerce et d’Industrie ; « CARICI ») of the ARICI, and that the Swiss Chambers’ Arbitration Institution (« SCAI ») shall administer these cases.

The transfer confirmation agreement, jointly signed by ARICI, the CCIG and SCAI, serves to ensure that parties facing a dispute arising out of, or in relation to contracts referring to the CARICI will be administered by the arbitral institution that ARICI and CCIG both deem as the closest to the spirit of ARICI’s founders in terms of quality of service, efficiency, neutrality and discretion.

 

7 May 2020 - Changes in SCAI Arbitration Court 

SCAI is delighted to present the new Members of the SCAI Court of Arbitration. 

 

27 April 2020 - Note on SCAI 2020 Revised Guidelines for Arbitrators

The Swiss Chambers’ Arbitration Institution (SCAI) is pleased to announce that it has recently revised its Guidelines for Arbitrators. The goal of the revision was to provide further guidance on selected points, among them the use of secretaries, the efficient conduct of the proceedings, the procedure for requesting deposits, and the requirements for advance payments of fees. The revised Guidelines remain short and to the point, while at the same time offering the necessary guidance to arbitrators handling arbitrations under the Swiss Rules of International Arbitration (Swiss Rules).

The task force for the revision of the Guidelines was composed of SCAI Court members Bernhard Berger, Homayoon Arfazadeh, Philippe Baertsch, Christoph Müller and Andrea Meier. The revised Guidelines are available in English, French, German and Italian on: 

https://www.swissarbitration.org/Arbitration/Arbitration-Rules-and-Laws.

This Note provides an overview of the changes made to the Guidelines for Arbitrators.

 

22 April 2020 - Advantages and Benefits of the Revised Swiss Rules of Mediation 2019 – in Light and in Line with the Singapore Convention 

Anticipating the 7 August 2019 signature by 46 States of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”), the Swiss Chambers’ Arbitration Institution issued a revised version of the Swiss Rules of Mediation on 1 July 2019. While both sets of rules aim to facilitate the enforcement of settlement agreements resulting from mediation, the revised Swiss Rules of Mediation also provide their users with new features such as, notably, a simplified procedure for the designation of a mediator, the issuance of institutional certificates and authentications, the creation of an Advisory Council for Mediation and improved links between arbitration and mediation. 

The purpose of this article is to expose the advantages and benefits of the revised Swiss Rules of Mediation and explain how users can anticipate and fully benefit from these and from the Singapore Convention which will enter into force on 12 September 2020.

 

1 April 2020 - Report on SCAI's 4th Innovation Conference: "Fast and Furious": Urgent and Expedited Relief. Lessons Learnt – Challenges Lying Ahead – Need for Innovative Solutions?

SCAI reports further to the 4th SCAI Innovation Conference held in Zurich on 6 February 2020. This annual interactive conference allows an in-depth debate between practioners on practical issues and questions and aims at finding innovative solutions. The 2020 speakers and participants discussed in particular:

Emergency & Interim Relief - How to increase the attractiveness of arbitration as a "one-stop shop"?

Expedited Procedure & Efficiency Tools - The faster the better or is it time to shift the focus back on the quality of the award?

The Comparative Test (and What to Learn from Judges).

 

9 January 2020 - Changes in SCAI Arbitration Court 

SCAI is delighted to present the new Vice-President and the new Members of the SCAI Court of Arbitration. 

 

17 October 2019 - Implementation of the Advisory Council for Mediation 

SCAI is honoured to present the Advisory Council for Mediation established in the framework of the revised Swiss Rules of Mediation that entered into force on 1 July 2019. 

July 2019 - The New Swiss Rules of Mediation 

The Swiss Chambers’ Arbitration Institution is pleased to present the revised Swiss Rules of Mediation, which entered into force on 1 July 2019. 

20 May 2019 - Report on SCAI's 3rd Innovation Conference: "All Eyes on the Arbitrator".

SCAI reports further to the 3rd SCAI Innovation Conference held in Geneva on 31 January 2019. This annual interactive conference allows an in-depth debate between practioners on practical issues and questions and aims at finding innovative solutions. The 2019 speakers and participants discussed in particular the best ways for parties and institutions to select the right arbitrator(s) for a case and the best ways for arbitrators to efficiently manage and decide on the cases submitted. 

17 May 2018 - SCAI's 2nd Innovation Conference on "Arbitrating the Future".

SCAI reports following the 2nd SCAI Innovation Conference held in Zurich on 1 February 2018. Focused on "Arbitrating the Future", the purpose of this Conference was to explore the issues relating to future claims and damages and how to address them from both the perspectives of arbitral tribunals and counsel.

14 May 2019 SIX Exchange Regulation Designates SCAI as Appointing Authority

The Swiss Chambers’ Arbitration Institution (SCAI) is honoured to announce that the SIX Exchange Regulation has decided to designate SCAI as Appointing Authority under the Rules of Arbitration for the Court of Arbitration of SIX Group Ltd which will enter into force on 1 July 2019 and that this choice has been endorsed by the Swiss Financial Market Supervisory Authority (FINMA).

2 May 2019 - New members of the SCAI Court of Arbitration

SCAI is delighted to present the new members of its Court of Arbitration and to announce changes in its Vice-Presidency. 

6 March 2017 - SCAI's 1st Innovation Conference on "Expedited Proceedings and their Limits".

SCAI reports further to the 1st SCAI Innovation Conference held in Geneva on 2 February 2017. This interactive conference focused on specific expedited proceedings issues, and on traditional and innovative ways to further expedite arbitral proceedings. It is the first one of a series of conferences dedicated to these specific proceedings and their developments.

15 January 2021 - Revised Rules of SCAI as Appointing Authority and Case Administrator in UNCITRAL, ad hoc and other Proceedings  

With a view to offering additional services and to adapting to recent developments in Swiss and international arbitration, SCAI has decided to revise its rules as appointing authority, which has been renamed “Rules of the Swiss Chambers’ Arbitration Institution (“SCAI”) as Appointing Authority and Case Administrator in UNCITRAL, ad hoc and other Proceedings”. 

The revised version of the Rules includes the following changes: (1) The Rules now expressly mention those organizations that have transferred to SCAI the authority to appoint arbitrators (this is done in a footnote, which also mentions two associations in Geneva: Association pour l'arbitrage international en matière de commerce et d'industrie (ARICI); Association pour l’Arbitrage en matière de Baux Commerciaux (ABC)). (2) The revised Rules have a broadened scope now also including supporting and case administrator services (in addition to appointing services) such as services in relation to the arbitrators’ fees and costs, and certain tasks performed by the Secretariat and by the Advisory Council for Mediation in mediation proceedings, which is reflected in the new title: “Rules of the Swiss Chambers’ Arbitration Institution as Appointing Authority and Case Administrator”. (3) A new service is provided: Repository of Published Information regarding UNCITRAL or non-UNCITRAL ad hoc investor-State arbitration proceedings.


 

Rassegna stampa

Report on SCAI Innovation Conference 2021 - ArbitralWomen Newsletter 39, by Alexandra Johnson, April 2020

Summary of the topics discussed at the SCAI Innovation Conference 2021 (I. Emergency Relief: i. benefits of the Swiss Rules and the ICC Rules on selected issues; ii. advantages of concurrent jurisdiction of state courts and arbitral tribunals; iii. essential criteria for granting security for costs in arbitration; and iv. enforcement problems with decisions by emergency arbitrators; II. Expedited Procedure: i. the effective use of case management techniques; ii. the limitation of the material scope of the arbitration; iii. helpful tools to achieve more efficiency and effectiveness, and iv. new legal tech solutions which may increase efficiency; III. The comparative test: What could arbitrators learn from judges? 

 

Arbitrating banking and finance disputes – What are the benefits? VISCHER Blog, by Barbara Badertscher, 10 April 2019

At the SCAI Conference "Arbitrating banking disputes – Are there tangible benefits?" it was discussed how the wider use of arbitration in the finance sector can be promoted and encouraged. This blog post provides a short overview which kind of banking disputes may be suitable and what advantages choosing arbitration may have.

 

Arbitrage, médiation et autres modes pour résoudre les conflits autrement. Schulthess, November 2018

This book provides a diverse landscape of dispute resolution methods offered in Geneva. Caroline Ming contributed with a chapter on the Swiss Rules of Commercial Mediation, and Valériane Oreamuno with a chapter on the Swiss Rules of International Arbitration.

La Suisse, haut lieu de l'arbitrage. La Liberté, 14 September 2018

Journalist Yves Genier reports on arbitration in Switzerland after attending a presentation of SCAI and the Swiss Rules of International Arbitration by Caroline Ming, Executive Director & General Counsel, and Valériane Oreamuno, Senior Legal Counsel and Head of the Secretariat in Geneva.

Schiedsgerichtsbarkeit als alternative Streitbeilegungsmethode. KMU-Magazin, Nr. 9, September 2018

Dr. Niklaus Zaugg and Dr. Marjolaine Jakob describe, in German, the pros and cons of arbitration as a dispute resolution means that should be considered more frequently by SMEs, especially for their large contracts and for their transactions with companies based abroad. They also give indications with regards to the drafting and content of the arbitration clause to be inserted in the contract.

SCAI's 2nd Innovation Conference on "Arbitrating the Future". 17 May 2018

SCAI reports following the 2nd SCAI Innovation Conference held in Zurich on 1 February 2018. Focused on "Arbitrating the Future", the purpose of this Conference was to explore the issues relating to future claims and damages and how to address them from both the perspectives of arbitral tribunals and counsel.

Living life forwards: future claims and future damages. GAR, 26 February 2018

Ms Lacey Yong discusses SCAI's 2nd Innovation Conference held in Zurich on 1 February 2018 and how the event looked at the best ways to deal with claims for payments that have yet to fall due or damages that have yet to arise – and how to prevent them from spiralling into multiple spin-off proceedings.

ASA Comments on Revision of Swiss International Arbitration Law. ASA, 12 May 2017

The Swiss Arbitration Association – submits its comments in the official consultation on the proposed revision of Swiss international arbitration law (Chapter 12 of the Private International Law Act).

A bella notte in Milan. GAR, 5 May 2017

The GAR Guide to Regional Arbitration award for an international arbitral institution that impressed went to Swiss Chambers' Arbitration Institution, in recognition of a landmark year which marked 500 years of Swiss neutrality, 150 years of  documented arbitration services by the Swiss Chambers and the 1000th case under the Swiss Rules. The award was accepted by a team from the SCAI, including Executive Director and General Counsel Caroline Ming.

Swiss Chambers’ Arbitration Institution dans le top 10 des institutions mondiales d’arbitrage. AGEFI, 27 April 2017

Caroline Ming, Executive Director of SCAI, and Vincent Subilia, President of the Board of SCAI, explain the benefits of selecting Geneva as the seat of an arbitration and the main features of the Swiss Rules of International Arbitration.

Le Règlement suisse d'arbitrage international au service des entreprises. CCIG Info, April 2017

The Swiss Chambers’ Arbitration Institution reminded the strengths of Switzerland and the Swiss Rules of International Arbitration with regard to international arbitration in a conference held at the Swiss Embassy in Paris. During this conference, the institution introduced its turbo customizable arbitration clause and announced the translation of the website into French.

SCAI New Customizable Arbitration Clause. ILO & Lexology, 17 March 2017

Dr. Jonathan Baier, Dr. Bernhard Meyer and Dr. Dominik Vock, Partners at MME Legal Tax Compliance, welcome our new innovative online drafting tool to customize arbitration clauses and super-expedite procedures, for which we have been nominated by GAR for a prize in the category “best innovation by an individual or an organisation”.

SCAI's 1st Innovation Conference on "Expedited Proceedings and their Limits". 6 March 2017

SCAI reports further to the 1st SCAI Innovation Conference held in Geneva on 2 February 2017. This interactive conference focused on specific expedited proceedings issues, and on traditional and innovative ways to further expedite arbitral proceedings. It is the first one of a series of conferences dedicated to these specific proceedings and their developments.

L'environnement de l'arbitrage évolue. Le Swiss made sous pression. AGEFI, 24-26 February 2017

Thomas Legler, an arbitration practitioner based in Geneva, gives his opinion on the evolution of the arbitration field in Switzerland and abroad.

Turbo Procedure launched in Switzerland. GAR, 21 December 2016

GAR reports on SCAI's one-of-a-kind customizable arbitration clause, which allows users to super-expedite their arbitration proceedings at the click of a mouse! While originally created with the commodities trade and shipping sector in mind, the clause meets the needs of users in any industry, who wish to quickly resolve their disputes. Read more about the turbo clause here.

New president for Swiss Institution in milestone year. GAR, 21 November 2016

GAR reports on changes in the leadership of the SCAI Arbitration Court, as it marks 500 years of Swiss neutrality, 150 years of documented arbitration services by the Swiss Chambers, and the 1000th case administered under the Swiss Rules.

Swiss law trumps all: Why arbitration still gravitates towards the European hub. The Lawyer, 10 October 2016.

Prominent arbitration practitioners explain in this article why Switzerland has for centuries been - and continues to be - a favourite place for international arbitration. They agree that this is in large part due to the Swiss neutrality, the modern and user-friendly Swiss laws and rules, and the professional quality of practitioners, counsel as well as arbitrators.

Arbitrage mode d’emploi. PME Magazine, 3 October 2016

What, when, how and how much? Everything companies ever wanted to know about arbitration is explained in this article published in PME Magazine. (Article available in French only)

Genève Berceau de l’Arbitrage. AGEFI, 12 September 2016

This press article explains briefly the main features of arbitration and of mediation, and the services offered by SCAI with regard to the administration of arbitration and mediation cases. (Article available in French only)

ACC shows dispute resolution under active discussion in Rome. CDR News, 22 August 2016

This article is a recap of the main highlights from the May 2016 Association of Corporate Counsel (ACC) event in Rome, where dispute resolution was an integral part of the discussion. Ms. Caroline Ming, Executive Director of SCAI, discussed the differences between arbitration, mediation and litigation, and the need for in-house lawyers to insert the right clauses in contracts and to know how to use each of these dispute resolution means.

SCAI releases gender diversity stats. GAR, 17 August 2016

As part of SCAI’s commitment to fair representation and gender equality, the institution included in its 2015 statistics data on the appointment of female arbitrators. This data demonstrates that in 2015, 47% of the arbitrators appointed by the SCAI Arbitration Court were women.

The In-House-Counsel's Perspective. Conference Report, 3 August 2016

This report offers a summary of key discussions of the 18 March 2016 conference, the In-House Counsel’s Perspective, whose main theme was to examine the challenges associated with arbitration from the perspective of in-house counsel. Panelists agreed that there had been an evolutionary change in corporate culture, in the sense that disputes were no longer about winning or losing, but about moving the business forward.

Corporate Counsel Swap Views in London. GAR, 1 June 2016

This article offers a shorter recap of the 18 March 2016 conference on in-house counsel, highlighting an interesting discussion on the benefits of having arbitrators appointed by institutions. Caroline Ming, Executive Director of SCAI, argued that institutions are in the best position to know which arbitrators are available and appropriate for a given case.

La justice privée gagne du terrain. Swissquote, 2 May 2016

Through practical examples and accounts this press article sets out the advantages of arbitration, and of Geneva as a place to arbitrate. (Article available in French only)