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Swiss Chamber‘s Arbitration Institution

(SCAI)

Caroline Ming

SCAI Executive Director & General Counsel 09.12.2015

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Arbitration & Mediation Services:

1. Swiss Rules of International Arbitration

2. Rules of the Swiss Chambers’ Arbitration Institution as Appointing Authority in UNCITRAL or other Ad Hoc Arbitration Proceedings

3. Swiss Rules of Commercial Mediation

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From the individual Chambers services to the Swiss Rules of International Arbitration

– More than 100 years of International arbitration services by the various Swiss Chambers of Commerce

– The Swiss Rules were unified in 2004– Revised in 2012– New name since 2012: Swiss Chambers‘ Arbitration

Institution (SCAI) 3

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Organisation of the Institution

– Association of 7 Swiss Chambers of Commerce – Board (President: Jacques Jeannerat)– Arbitration Court (Chairman: Philipp Habegger)– Secretariat of the Court – Executive Director & General Counsel (Caroline Ming)

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Secretariat 27 Court Members (highly specialized arbitration practitioners)

A Special Committee of 9 Court Members

The Court’s Secretariat with offices in seven Swiss cities

Arbitration CourtBasel Berne

Geneva

Lausanne

Lugano Neuchâtel

Zurich

The Arbitration Court

Special Committee

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Case Administration I

– For each case: A Case Administration Committee– A Special Committee for

• Consolidation of cases (Art. 4.1)• Failure in the constitution of a tribunal (Art. 5(3))• Challenge of an arbitrator (Art. 11)• Removal of an arbitrator (Art. 12)• Replacement of an arbitrator (Art 13(2))• Seat of the arbitration (Art. 16)

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Case Administration II

– For Emergency Relief cases, the Chairman of the Court renders decisions on

• Confirmation of Emergency Arbitrator (Art. 43(2))• Challenge of an arbitrator (Art. 43(4))• Removal of an arbitrator (Art. 43(4))• Seat of the arbitration (Art. 43(5))

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Secretariat

– Secretariat with offices in seven Swiss cities– Case administration in English, German, French and

Italian– Cost Control– No scrutiny of Award

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Languages

• Swiss Rules and Model Clauses available English (original version) and in more than 12 other Languages (official translations can be found on www.swissarbitration.org)

• Swiss laws (arbitration law, International private law, contract law, corporate law, etc.) are all available in French, German, Italian and English

(https://www.admin.ch/gov/en/start/federal-law/classified-compilation.html?lang=en )

• Supreme Court Decisions are available in English and in their original language (French, German, or Italian)

(www.swissarbitrationdecisions.com ; http://www.bger.ch/index/juridiction/jurisdiction-inherit-template/jurisdiction-recht.htm )

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Advantages of using the Swiss Rules

• Cost effectiveness – lean administration, no administrative fees for cases < CHF 2mio (€ 1.8mio), cost calculator available on our website, arbitrators’ costs and fees are controlled (https://www.swissarbitration.org/sa/en/costs.php )

• Flexibility (free choice of arbitrator, applicable law, seat, language and counsel; deadlines can be shortened by the parties)

• Expeditious (normal procedure: 12 months on average; 6 month for the expedited procedure (art. 42), interim relief (art. 26) and emergency arbitrator (art. 43), deadlines can even be shortened by the parties, no scrutiny)

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Further advantages

• Excellent support by the Swiss legislator (modern and efficient arbitration laws) and by the Swiss Supreme Court (limited grounds of recourse – decision within 4 months on average)

• Confidentiality (art. 44)

• Possibility to combine arbitration with mediation at any time. Suggested addition to the arbitration clause: « The parties may agree at any time to submit the dispute to mediation in accordance with the Swiss Rules of Commercial Mediation of the Swiss Chambers' Arbitration Institution.»

• Excellent reputation facilitating recognition and enforcement of awards

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• SCAI Registration fee (CHF 4‘500 / CHF 6‘000 / CHF 8‘000)• No Administrative fee for amounts in dispute below CHF 2 Millions

• Very moderate administrative fee for amounts in dispute between CHF 2 and 10 mio: CHF 4’000.- to 8’000.-

• Progressive rise of the fee, up to max. 50’000.- for amounts in dispute above CHF 100 Mio.

• Fair arbitrators’ fees (depending on amount in dispute; controlled by SCAI) https://www.swissarbitration.org/sa/en/costs.php

• Lawyers’ fees (freely agreed upon with the parties)

• The Costs of the arbitration shall in principle be borne by the unsuccessful party. (Art. 40 (1) Swiss Rules)

Financial aspects

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Some figures

• More than 900 cases since 2004• 70 % of the cases in English• 33 % of non-Swiss arbitrators • 80 % of the parties are non-Swiss

Parties come from 110 different countries

• 70 % with Swiss law as applicable law• 40 % Expedited Procedures• 50 % Sole Arbitrator

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Matters in dispute (2004-2014)Manufacturing 1%Purchase and sale of goods 28% Intellectual Property/Licenses 5%Joint Ventures 1%Purchase/Sale of shares 13%Investment 3%Shareholders' Agreement 4%Loan Agreements 3%Service Contracts 11%Distribution/Agency 13%Construction 3% Settlement Agreement 2%Employment Agreement 2%Others 11% 14

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Thank You!

For more information: www.swissarbitration.org