International Arbitration 2025

SWITZERLAND Law and Practice Contributed by: Simon Gabriel, Axel Buhr, Roxane Schmidgall and Audrey Duffner, GABRIEL Arbitration

traders, as well as exporters and importers of techni - cal equipment. In all these industries, the caseload is steady, in par - ticular as a result of the ongoing disruption of supply chains caused by the termination of trade relation - ships by the wars in Ukraine and the Middle East. Looming trade wars between the USA and various other countries, such as China, and the varying tar - iffs imposed in relation thereto could cause further disruption. The broad use of sanctions as a geopolitical tool affects a growing number of contractual relationships, and the number of related cases is likely to further increase. The legal consequences of sanctions remain a contentious issue, frequently debated in many arbi - trations, both on a procedural level and as a matter of substantive law. The fundamental right of access to justice raises delicate issues for arbitration as a dispute resolution mechanism, which are yet to be fully resolved. The financial industry in Switzerland has traditionally not been a frequent user of arbitration. However, a rise in fintech cases involving companies from Switzer - land’s crypto valley, a world-leading blockchain hub, can be observed since the early 2020s. 1.3 Arbitration Institutions The leading arbitration institutions are the Interna - tional Chamber of Commerce (the issuer of the “ICC Rules”) and the Swiss Arbitration Centre (the issuer of the “Swiss Rules”). In May 2021, the Swiss Arbitration Centre was estab - lished by the Swiss Arbitration Association (ASA) and the cantonal chambers of commerce that formerly constituted SCAI. As a one-stop shop, the Swiss Arbi - tration Centre aims to make Swiss arbitration more accessible for international users, who sometimes found the previous dualism confusing. Users of the Swiss Arbitration Centre benefit from a single internet portal offering services, information and links. The platform includes information from the Swiss Arbitration Centre itself, the Swiss Arbitra -

tion Association, the Swiss Arbitration Academy and the Swiss Arbitration Hub. These four organisations have joined under a new brand, “Swiss Arbitration”, to emphasise their close co-operation for the benefit of arbitration users worldwide. The Swiss Arbitration Centre provides arbitration and mediation services, the Swiss Arbitration Association a profile database of arbitration specialists, the Swiss Arbitration Acad - emy training for arbitration practitioners and the Swiss Arbitration Hub services and information for the organisation of hearings in Switzerland. In June 2021, the revised Swiss Rules entered into force (replacing the version of 2012). Being based on the UNCITRAL Arbitration Rules, the Swiss Rules pro - vide for an arbitration procedure that combines inter - national best practices with useful innovations and a comparatively light institutional framework. Only a few substantial amendments were made and the key features of the Swiss Rules remained the same (“light touch administration”, multiparty proceedings, expe - dited proceedings and emergency arbitration). Since the entry into force of the revised Swiss Rules, the Swiss Arbitration Centre has further enhanced the institutional framework by introducing additional sets of rules for two industry sectors: • Since 2023, Supplemental Swiss Rules have been available for corporate law disputes involving Swiss companies. • Supplemental Swiss Rules for Trust, Estate and Foundation Disputes (“TEF Rules”) came into force on 1 July 2025. The TEF Rules are designed to supplement the Swiss Rules and tailor the arbi - tration proceedings specifically to private wealth disputes involving trusts, estates, or foundations. 1.4 National Courts The Swiss Federal Tribunal is the only state court in Switzerland competent to hear challenges of inter - national arbitral awards rendered in Switzerland (see 11 Review of an Award ). On the cantonal level, state courts may intervene in the composition of the arbitral tribunal under limited circumstances (see 4.3 Court Intervention ) and grant interim relief upon request (see

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