Internationale Schiedsgerichtsbarkeit: Revision des 12. Kapitels IPRG

• Autores: Daniel Girsberger, Fabian Loretan
• Localización: Schweizerische Zeitschrift für internationales und europäisches Recht = Revue suisse de droit international et droit européen, ISSN 1019-0406, Vol. 30, Nº 3, 2020, págs. 391-408
• Idioma: inglés
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• Resumen

  • Three years have passed since the presentation, in 2017, of the Swiss Federal Council's proposal for a revised Chapter 12 of the SPILA on international arbitration. During this period, parliamentary commissions have reviewed the draft and proposed various amendments; some of them have been adopted by the two Parliamentary Chambers. The authors describe these developments, and analyze two issues which were subject to debate in the parliamentary commissions, and which are particularly relevant for both domestic and foreign users of Swiss arbitration law, namely: (1) the issue of unilateral arbitration clauses, which will be effective based on an explicit new provision in the SPILA, and which are particularly relevant in the field of the law of succession and trust, as well as in the law of corporations, and (2) new rules on interim measures and the taking of evidence by Swiss authorities in international arbitration proceedings having their seat either in Switzerland or abroad.