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Swiss Rules of International Arbitration (Swiss Rules)
June 2012
2
Swiss Chambers' Arbitration Institution
The Swiss Chambers of Commerce Association for Arbitration and Mediation
Chambers of Commerce of
Basel
Bern
Geneva
Neuchâtel
Ticino
Vaud
Zurich
3
Table of Contents
Model Arbitration Clause 4
Introduction 4
I. Introductory Rules 5
Scope of application 5
Notice, calculation of periods of time 5
Notice of Arbitration and Answer to the Notice of Arbitration 5
Consolidation and joinder 7
II. Composition of the Arbitral Tribunal 8
Confirmation of arbitrators 8
Number of arbitrators 8
Appointment of a sole arbitrator 9
Appointment of arbitrators in bi-party or multi-party proceedings 9
Independence and challenge of arbitrators 9
Removal of an arbitrator 10
Replacement of an arbitrator 10
III. Arbitral Proceedings 11
General provisions 11
Seat of the arbitration 11
Language 12
Statement of Claim 12
Statement of Defence 12
Amendments to the Claim or Defence 13
Objections to the jurisdiction of the arbitral tribunal 13
Further written statements 13
Periods of time 13
Evidence and hearings 14
Interim measures of protection 14
Tribunal-appointed experts 15
Default 15
Closure of proceedings 16
Waiver of rules 16
IV. The Award 16
Decisions 16
Form and effect of the award 16
Applicable law, amiable compositeur 17
Settlement or other grounds for termination 17
Interpretation of the award 17
Correction of the award 17
Additional award 18
Costs 18
Deposit of costs 19
V. Other Provisions 20
Expedited procedure 21
Emergency relief 21
Confidentiality 22
Exclusion of liability 22
Appendix A: Offices of the Secretariat of the Arbitration Court 24
Appendix B: Schedule of Costs 26􀀃 􀀃
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Swiss Rules of International Arbitration (Swiss Rules)
MODEL ARBITRATION CLAUSE
Any dispute, controversy, or claim arising out of, or in relation to, this contract, including the
validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance
with the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution
in force on the date on which the Notice of Arbitration is submitted in accordance
with these Rules.
The number of arbitrators shall be ... ("one", "three", "one or three");
The seat of the arbitration shall be ... (name of city in Switzerland, unless the parties agree
on a city in another country);
The arbitral proceedings shall be conducted in ..… (insert desired language).
INTRODUCTION
(a) In order to harmonise their rules of arbitration the Chambers of Commerce and Industry
of Basel, Bern, Geneva, Neuchâtel, Ticino, Vaud and Zurich in 2004 replaced their
former rules by the Swiss Rules of International Arbitration (hereinafter the “Swiss
Rules” or the “Rules”).
(b) For the purpose of providing arbitration services, the Chambers founded the Swiss
Chambers’ Arbitration Institution. In order to administer arbitrations under the Swiss
Rules, the Swiss Chambers’ Arbitration Institution has established the Arbitration
Court (hereinafter the “Court”), which is comprised of experienced international arbitration
practitioners. The Court shall render decisions as provided for under these
Rules. It may delegate to one or more members or committees the power to take certain
decisions pursuant to its Internal Rules1. The Court is assisted in its work by the
Secretariat of the Court (hereinafter the “Secretariat”).
(c) The Swiss Chambers’ Arbitration Institution provides domestic and international arbitration
services, as well as other dispute resolution services, under any applicable
law, in Switzerland or in any other country.
1 The Internal Rules are available on the website www.swissarbitration.org.
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Section I. Introductory Rules
SCOPE OF APPLICATION
Article 1
1. These Rules shall govern arbitrations where an agreement to arbitrate refers to these
Rules or to the arbitration rules of the Chambers of Commerce and Industry of Basel,
Bern, Geneva, Neuchâtel, Ticino, Vaud, Zurich, or any further Chamber of Commerce
and Industry that may adhere to these Rules.
2. The seat of arbitration designated by the parties may be in Switzerland or in any other
country.
3. This version of the Rules shall come into force on 1 June 2012 and, unless the parties
have agreed otherwise, shall apply to all arbitral proceedings in which the Notice of Arbitration
is submitted on or after that date.
4. By submitting their dispute to arbitration under these Rules, the parties confer on the
Court, to the fullest extent permitted under the law applicable to the arbitration, all of the
powers required for the purpose of supervising the arbitral proceedings otherwise vested
in the competent judicial authority, including the power to extend the term of office of the
arbitral tribunal and to decide on the challenge of an arbitrator on grounds not provided
for in these Rules.
5. These Rules shall govern the arbitration, except if one of them is in conflict with a provision
of the law applicable to the arbitration from which the parties cannot derogate, in
which case that provision shall prevail.
NOTICE, CALCULATION OF PERIODS OF TIME
Article 2
1. For the purposes of these Rules, any notice, including a notification, communication, or
proposal, is deemed to have been received if it is delivered to the addressee, or to its habitual
residence, place of business, postal or electronic address, or, if none of these can be identified
after making a reasonable inquiry, to the addressee’s last-known residence or place of
business. A notice shall be deemed to have been received on the day it is delivered.
2. A period of time under these Rules shall begin to run on the day following the day when a
notice, notification, communication, or proposal is received. If the last day of such a period is
an official holiday or a non-business day at the residence or place of business of the addressee,
the period is extended until the first business day which follows. Official holidays or
non-business days are included in the calculation of a period of time.
3. If the circumstances so justify, the Court may extend or shorten any time-limit it has fixed
or has the authority to fix or amend.
NOTICE OF ARBITRATION AND ANSWER TO THE NOTICE OF ARBITRATION
Article 3
1. The party initiating arbitration (hereinafter called the "Claimant" or, where applicable, the
"Claimants") shall submit a Notice of Arbitration to the Secretariat at any of the addresses
listed in Appendix A.
2. Arbitral proceedings shall be deemed to commence on the date on which the Notice of
Arbitration is received by the Secretariat.
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3. The Notice of Arbitration shall be submitted in as many copies as there are other parties
(hereinafter called the "Respondent" or, where applicable, the "Respondents"), together with
an additional copy for each arbitrator and one copy for the Secretariat, and shall include the
following:
(a) A demand that the dispute be referred to arbitration;
(b) The names, addresses, telephone and fax numbers, and e-mail addresses
(if any) of the parties and of their representative(s);
(c) A copy of the arbitration clause or the separate arbitration agreement that
is invoked;
(d) A reference to the contract or other legal instrument(s) out of, or in relation
to, which the dispute arises;
(e) The general nature of the claim and an indication of the amount involved, if
any;
(f) The relief or remedy sought;
(g) A proposal as to the number of arbitrators (i.e. one or three), the language,
and the seat of the arbitration, if the parties have not previously agreed
thereon;
(h) The Claimant’s designation of one or more arbitrators, if the parties’
agreement so requires;
(i) Confirmation of payment by check or transfer to the relevant account listed
in Appendix A of the Registration Fee as required by Appendix B (Schedule
of Costs) in force on the date the Notice of Arbitration is submitted.
4. The Notice of Arbitration may also include:
(a) The Claimant’s proposal for the appointment of a sole arbitrator referred to
in Article 7;
(b) The Statement of Claim referred to in Article 18.
5. If the Notice of Arbitration is incomplete, if the required number of copies or attachments
are not submitted, or if the Registration Fee is not paid, the Secretariat may request the
Claimant to remedy the defect within an appropriate period of time. The Secretariat may also
request the Claimant to submit a translation of the Notice of Arbitration within the same period
of time if it is not submitted in English, German, French, or Italian. If the Claimant complies
with such directions within the applicable time-limit, the Notice of Arbitration shall be
deemed to have been validly filed on the date on which the initial version was received by the
Secretariat.
6. The Secretariat shall provide, without delay, a copy of the Notice of Arbitration together
with any exhibits to the Respondent.
7. Within thirty days from the date of receipt of the Notice of Arbitration, the Respondent shall
submit to the Secretariat an Answer to the Notice of Arbitration. The Answer to the Notice of
Arbitration shall be submitted in as many copies as there are other parties, together with an
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additional copy for each arbitrator and one copy for the Secretariat, and shall, to the extent
possible, include the following:
(a) The name, address, telephone and fax numbers, and e-mail address of
the Respondent and of its representative(s);
(b) Any plea that an arbitral tribunal constituted under these Rules lacks jurisdiction;
(c) The Respondent's comments on the particulars set forth in the Notice of
Arbitration referred to in Article 3(3)(e);
(d) The Respondent's answer to the relief or remedy sought in the Notice of
Arbitration referred to in Article 3(3)(f);
(e) The Respondent's proposal as to the number of arbitrators (i.e. one or
three), the language, and the seat of the arbitration referred to in Article
3(3)(g);
(f) The Respondent’s designation of one or more arbitrators if the parties’
agreement so requires.
8. The Answer to the Notice of Arbitration may also include:
(a) The Respondent's proposal for the appointment of a sole arbitrator referred
to in Article 7;
(b) The Statement of Defence referred to in Article 19.
9. Articles 3(5) and (6) are applicable to the Answer to the Notice of Arbitration.
10. Any counterclaim or set-off defence shall in principle be raised with the Answer to the
Notice of Arbitration. Article 3(3) is applicable to the counterclaim or set-off defence.
11. If no counterclaim or set-off defence is raised with the Answer to the Notice of Arbitration,
or if there is no indication of the amount of the counterclaim or set-off defence, the Court may
rely exclusively on the Notice of Arbitration in order to determine the possible application of
Article 42(2) (Expedited Procedure).
12. If the Respondent neither submits an Answer to the Notice of Arbitration nor raises an
objection to the arbitration being administered under these Rules, the Court shall administer
the case, unless there is manifestly no agreement to arbitrate referring to these Rules.
CONSOLIDATION AND JOINDER
Article 4
1. Where a Notice of Arbitration is submitted between parties already involved in other arbitral
proceedings pending under these Rules, the Court may decide, after consulting with the
parties and any confirmed arbitrator in all proceedings, that the new case shall be consolidated
with the pending arbitral proceedings. The Court may proceed in the same way where
a Notice of Arbitration is submitted between parties that are not identical to the parties in the
pending arbitral proceedings. When rendering its decision, the Court shall take into account
all relevant circumstances, including the links between the cases and the progress already
made in the pending arbitral proceedings. Where the Court decides to consolidate the new
case with the pending arbitral proceedings, the parties to all proceedings shall be deemed to
have waived their right to designate an arbitrator, and the Court may revoke the appointment
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and confirmation of arbitrators and apply the provisions of Section II (Composition of the Arbitral
Tribunal).
2. Where one or more third persons request to participate in arbitral proceedings already
pending under these Rules or where a party to pending arbitral proceedings under these
Rules requests that one or more third persons participate in the arbitration, the arbitral tribunal
shall decide on such request, after consulting with all of the parties, including the person
or persons to be joined, taking into account all relevant circumstances.
Section II. Composition of the Arbitral Tribunal
CONFIRMATION OF ARBITRATORS
Article 5
1. All designations of an arbitrator made by the parties or the arbitrators are subject to confirmation
by the Court, upon which the appointments shall become effective. The Court has
no obligation to give reasons when it does not confirm an arbitrator.
2. Where a designation is not confirmed, the Court may either:
(a) invite the party or parties concerned, or, as the case may be, the arbitrators, to
make a new designation within a reasonable time-limit; or
(b) in exceptional circumstances, proceed directly with the appointment.
3. In the event of any failure in the constitution of the arbitral tribunal under these Rules, the
Court shall have all powers to address such failure and may, in particular, revoke any appointment
made, appoint or reappoint any of the arbitrators and designate one of them as the
presiding arbitrator.
4. If, before the arbitral tribunal is constituted, the parties agree on a settlement of the dispute,
or the continuation of the arbitral proceedings becomes unnecessary or impossible for
other reasons, the Secretariat shall give advance notice to the parties that the Court may
terminate the proceedings. Any party may request that the Court proceed with the constitution
of the arbitral tribunal in accordance with these Rules in order that the arbitral tribunal
determine and apportion the costs not agreed upon by the parties.
5. Once the Registration Fee and any Provisional Deposit have been paid in accordance with
Appendix B (Schedule of Costs) and all arbitrators have been confirmed, the Secretariat shall
transmit the file to the arbitral tribunal without delay.
NUMBER OF ARBITRATORS
Article 6
1. If the parties have not agreed upon the number of arbitrators, the Court shall decide
whether the case shall be referred to a sole arbitrator or to a three-member arbitral tribunal,
taking into account all relevant circumstances.
2. As a rule, the Court shall refer the case to a sole arbitrator, unless the complexity of the
subject matter and/or the amount in dispute justify that the case be referred to a threemember
arbitral tribunal.
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3. If the arbitration agreement provides for an arbitral tribunal composed of more than one
arbitrator, and this appears inappropriate in view of the amount in dispute or of other circumstances,
the Court shall invite the parties to agree to refer the case to a sole arbitrator.
4. Where the amount in dispute does not exceed CHF 1'000'000 (one million Swiss francs),
Article 42(2) (Expedited Procedure) shall apply.
APPOINTMENT OF A SOLE ARBITRATOR
Article 7
1. Where the parties have agreed that the dispute shall be referred to a sole arbitrator, they
shall jointly designate the sole arbitrator within thirty days from the date on which the Notice
of Arbitration was received by the Respondent(s), unless the parties’ agreement provides
otherwise.
2. Where the parties have not agreed upon the number of arbitrators, they shall jointly designate
the sole arbitrator within thirty days from the date of receipt of the Court's decision that
the dispute shall be referred to a sole arbitrator.
3. If the parties fail to designate the sole arbitrator within the applicable time-limit, the Court
shall proceed with the appointment.
APPOINTMENT OF ARBITRATORS IN BI-PARTY OR MULTI-PARTY PROCEEDINGS
Article 8
1. Where a dispute between two parties is referred to a three-member arbitral tribunal, each
party shall designate one arbitrator, unless the parties have agreed otherwise.
2. If a party fails to designate an arbitrator within the time-limit set by the Court or resulting
from the arbitration agreement, the Court shall appoint the arbitrator. Unless the parties’
agreement provides otherwise, the two arbitrators so appointed shall designate, within thirty
days from the confirmation of the second arbitrator, a third arbitrator who shall act as the
presiding arbitrator of the arbitral tribunal. Failing such designation, the Court shall appoint
the presiding arbitrator.
3. In multi-party proceedings, the arbitral tribunal shall be constituted in accordance with the
parties' agreement.
4. If the parties have not agreed upon a procedure for the constitution of the arbitral tribunal
in multi-party proceedings, the Court shall set an initial thirty-day time-limit for the Claimant or
group of Claimants to designate an arbitrator, and set a subsequent thirty-day time-limit for
the Respondent or group of Respondents to designate an arbitrator. If the party or group(s)
of parties have each designated an arbitrator, Article 8(2) shall apply to the designation of the
presiding arbitrator.
5. Where a party or group of parties fails to designate an arbitrator in multi-party proceedings,
the Court may appoint all of the arbitrators, and shall specify the presiding arbitrator.
INDEPENDENCE AND CHALLENGE OF ARBITRATORS
Article 9
1. Any arbitrator conducting an arbitration under these Rules shall be and shall remain at all
times impartial and independent of the parties.
2. Prospective arbitrators shall disclose to those who approach them in connection with a
possible appointment any circumstances likely to give rise to justifiable doubts as to their
10
impartiality or independence. An arbitrator, once designated or appointed, shall disclose such
circumstances to the parties, unless they have already been so informed.
Article 10
1. Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts
as to the arbitrator's impartiality or independence.
2. A party may challenge the arbitrator designated by it only for reasons of which it becomes
aware after the appointment has been made.
􀀃
Article 11
1. A party intending to challenge an arbitrator shall send a notice of challenge to the Secretariat
within 15 days after the circumstances giving rise to the challenge became known to
that party.
2. If, within 15 days from the date of the notice of challenge, all of the parties do not agree to
the challenge, or the challenged arbitrator does not withdraw, the Court shall decide on the
challenge.
3. The decision of the Court is final and the Court has no obligation to give reasons.
REMOVAL OF AN ARBITRATOR
Article 12
1. If an arbitrator fails to perform his or her functions despite a written warning from the other
arbitrators or from the Court, the Court may revoke the appointment of that arbitrator.
2. The arbitrator shall first have an opportunity to present his or her position to the Court. The
decision of the Court is final and the Court has no obligation to give reasons.
REPLACEMENT OF AN ARBITRATOR
Article 13
1. Subject to Article 13(2), in all instances in which an arbitrator has to be replaced, a replacement
arbitrator shall be designated or appointed pursuant to the procedure provided for
in Articles 7 and 8 within the time-limit set by the Court. Such procedure shall apply even if a
party or the arbitrators had failed to make the required designation during the initial appointment
process.
2. In exceptional circumstances, the Court may, after consulting with the parties and any remaining
arbitrators:
(a) directly appoint the replacement arbitrator; or
(b) after the closure of the proceedings, authorise the remaining arbitrator(s) to proceed
with the arbitration and make any decision or award.
Article 14
If an arbitrator is replaced, the proceedings shall, as a rule, resume at the stage reached
when the arbitrator who was replaced ceased to perform his or her functions, unless the arbitral
tribunal decides otherwise.
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Section III. Arbitral Proceedings
GENERAL PROVISIONS
Article 15
1. Subject to these Rules, the arbitral tribunal may conduct the arbitration in such manner as
it considers appropriate, provided that it ensures equal treatment of the parties and their right
to be heard.
2. At any stage of the proceedings, the arbitral tribunal may hold hearings for the presentation
of evidence by witnesses, including expert witnesses, or for oral argument. After consulting
with the parties, the arbitral tribunal may also decide to conduct the proceedings on the
basis of documents and other materials.
3. At an early stage of the arbitral proceedings, and in consultation with the parties, the arbitral
tribunal shall prepare a provisional timetable for the arbitral proceedings, which shall be
provided to the parties and, for information, to the Secretariat.
4. All documents or information provided to the arbitral tribunal by one party shall at the same
time be communicated by that party to the other parties.
5. The arbitral tribunal may, after consulting with the parties, appoint a secretary. Articles 9 to
11 shall apply to the secretary.
6. The parties may be represented or assisted by persons of their choice.
7. All participants in the arbitral proceedings shall act in good faith, and make every effort to
contribute to the efficient conduct of the proceedings and to avoid unnecessary costs and
delays. The parties undertake to comply with any award or order made by the arbitral tribunal
or emergency arbitrator without delay.
8. With the agreement of each of the parties, the arbitral tribunal may take steps to facilitate
the settlement of the dispute before it. Any such agreement by a party shall constitute a
waiver of its right to challenge an arbitrator’s impartiality based on the arbitrator’s participation
and knowledge acquired in taking the agreed steps.
SEAT OF THE ARBITRATION
Article 16
1. If the parties have not determined the seat of the arbitration, or if the designation of the
seat is unclear or incomplete, the Court shall determine the seat of the arbitration, taking into
account all relevant circumstances, or shall request the arbitral tribunal to determine it.
2. Without prejudice to the determination of the seat of the arbitration, the arbitral tribunal
may decide where the proceedings shall be conducted. In particular, it may hear witnesses
and hold meetings for consultation among its members at any place it deems appropriate,
having regard to the circumstances of the arbitration.
3. The arbitral tribunal may meet at any place it deems appropriate for the inspection of
goods, other property, or documents. The parties shall be given sufficient notice to enable
them to be present at such an inspection.
4. The award shall be deemed to be made at the seat of the arbitration.
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LANGUAGE
Article 17
1. Subject to an agreement of the parties, the arbitral tribunal shall, promptly after its appointment,
determine the language or languages to be used in the proceedings. This determination
shall apply to the Statement of Claim, the Statement of Defence, any further written
statements, and to any oral hearings.
2. The arbitral tribunal may order that any documents annexed to the Statement of Claim or
Statement of Defence, and any supplementary documents or exhibits submitted in the
course of the proceedings in a language other than the language or languages agreed upon
by the parties or determined by the arbitral tribunal shall be accompanied by a translation
into such language or languages.
STATEMENT OF CLAIM
Article 18
1. Within a period of time to be determined by the arbitral tribunal, and unless the Statement
of Claim was contained in the Notice of Arbitration, the Claimant shall communicate its
Statement of Claim in writing to the Respondent and to each of the arbitrators. A copy of the
contract, and, if it is not contained in the contract, of the arbitration agreement, shall be annexed
to the Statement of Claim.
2. The Statement of Claim shall include the following particulars:
(a) The names and addresses of the parties;
(b) A statement of the facts supporting the claim;
(c) The points at issue;
(d) The relief or remedy sought.
3. As a rule, the Claimant shall annex to its Statement of Claim all documents and other evidence
on which it relies.
STATEMENT OF DEFENCE
Article 19
1. Within a period of time to be determined by the arbitral tribunal, and unless the Statement
of Defence was contained in the Answer to the Notice of Arbitration, the Respondent shall
communicate its Statement of Defence in writing to the Claimant and to each of the arbitrators.
2. The Statement of Defence shall reply to the particulars of the Statement of Claim set out in
Articles 18(2)(b) to (d). If the Respondent raises an objection to the jurisdiction or to the
proper constitution of the arbitral tribunal, the Statement of Defence shall contain the factual
and legal basis of such objection. As a rule, the Respondent shall annex to its Statement of
Defence all documents and other evidence on which it relies.
3. Articles 18(2)(b) to (d) shall apply to a counterclaim and a claim relied on for the purpose
of a set-off.
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AMENDMENTS TO THE CLAIM OR DEFENCE
Article 20
1. During the course of the arbitral proceedings, a party may amend or supplement its claim
or defence, unless the arbitral tribunal considers it inappropriate to allow such amendment
having regard to the delay in making it, the prejudice to the other parties, or any other circumstances.
However, a claim may not be amended in such a manner that the amended
claim falls outside the scope of the arbitration clause or separate arbitration agreement.
2. The arbitral tribunal may adjust the costs of the arbitration if a party amends or supplements
its claims, counterclaims, or defences.
OBJECTIONS TO THE JURISDICTION OF THE ARBITRAL TRIBUNAL
Article 21
1. The arbitral tribunal shall have the power to rule on any objections to its jurisdiction, including
any objection with respect to the existence or validity of the arbitration clause or of the
separate arbitration agreement.
2. The arbitral tribunal shall have the power to determine the existence or the validity of the
contract of which an arbitration clause forms part. For the purposes of Article 21, an arbitration
clause which forms part of a contract and which provides for arbitration under these
Rules shall be treated as an agreement independent of the other terms of the contract. A
decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the
invalidity of the arbitration clause.
3. As a rule, any objection to the jurisdiction of the arbitral tribunal shall be raised in the Answer
to the Notice of Arbitration, and in no event later than in the Statement of Defence referred
to in Article 19, or, with respect to a counterclaim, in the reply to the counterclaim.
4. In general, the arbitral tribunal should rule on any objection to its jurisdiction as a preliminary
question. However, the arbitral tribunal may proceed with the arbitration and rule on
such an objection in an award on the merits.
5. The arbitral tribunal shall have jurisdiction to hear a set-off defence even if the relationship
out of which the defence is said to arise is not within the scope of the arbitration clause, or
falls within the scope of another arbitration agreement or forum-selection clause.
FURTHER WRITTEN STATEMENTS
Article 22
The arbitral tribunal shall decide which further written statements, in addition to the Statement
of Claim and the Statement of Defence, shall be required from the parties or may be
presented by them and shall set the periods of time for communicating such statements.
PERIODS OF TIME
Article 23
The periods of time set by the arbitral tribunal for the communication of written statements
(including the Statement of Claim and Statement of Defence) should not exceed forty-five
days. However, the arbitral tribunal may extend the time-limits if it considers that an extension
is justified.
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EVIDENCE AND HEARINGS
Article 24
1. Each party shall have the burden of proving the facts relied on to support its claim or defence.
2. The arbitral tribunal shall determine the admissibility, relevance, materiality, and weight of
the evidence.
3. At any time during the arbitral proceedings, the arbitral tribunal may require the parties to
produce documents, exhibits, or other evidence within a period of time determined by the
arbitral tribunal.
Article 25
1. The arbitral tribunal shall give the parties adequate advance notice of the date, time, and
place of any oral hearing.
2. Any person may be a witness or an expert witness in the arbitration. It is not improper for a
party, its officers, employees, legal advisors, or counsel to interview witnesses, potential witnesses,
or expert witnesses.
3. Prior to a hearing and within a period of time determined by the arbitral tribunal, the evidence
of witnesses and expert witnesses may be presented in the form of written statements
or reports signed by them.
4. At the hearing, witnesses and expert witnesses may be heard and examined in the manner
set by the arbitral tribunal. The arbitral tribunal may direct that witnesses or expert witnesses
be examined through means that do not require their physical presence at the hearing
(including by videoconference).
5. Arrangements shall be made for the translation of oral statements made at a hearing and
for a record of the hearing to be provided if this is deemed necessary by the arbitral tribunal
having regard to the circumstances of the case, or if the parties so agree.
6. Hearings shall be held in camera unless the parties agree otherwise. The arbitral tribunal
may order witnesses or expert witnesses to retire during the testimony of other witnesses or
expert witnesses.
INTERIM MEASURES OF PROTECTION
Article 26
1. At the request of a party, the arbitral tribunal may grant any interim measures it deems
necessary or appropriate. Upon the application of any party or, in exceptional circumstances
and with prior notice to the parties, on its own initiative, the arbitral tribunal may also modify,
suspend or terminate any interim measures granted.
2. Interim measures may be granted in the form of an interim award. The arbitral tribunal
shall be entitled to order the provision of appropriate security.
3. In exceptional circumstances, the arbitral tribunal may rule on a request for interim
measures by way of a preliminary order before the request has been communicated to any
other party, provided that such communication is made at the latest together with the preliminary
order and that the other parties are immediately granted an opportunity to be heard.
4. The arbitral tribunal may rule on claims for compensation for any damage caused by an
unjustified interim measure or preliminary order.
15
5. By submitting their dispute to arbitration under these Rules, the parties do not waive any
right that they may have under the applicable laws to submit a request for interim measures
to a judicial authority. A request for interim measures addressed by any party to a judicial
authority shall not be deemed to be incompatible with the agreement to arbitrate, or to constitute
a waiver of that agreement.
6. The arbitral tribunal shall have discretion to apportion the costs relating to a request for
interim measures in an interim award or in the final award.
TRIBUNAL-APPOINTED EXPERTS
Article 27
1. The arbitral tribunal, after consulting with the parties, may appoint one or more experts to
report to it, in writing, on specific issues to be determined by the arbitral tribunal. A copy of
the expert's terms of reference, established by the arbitral tribunal, shall be communicated to
the parties.
2. The parties shall give the expert any relevant information or produce for the expert’s inspection
any relevant documents or goods that the expert may require of them. Any dispute
between a party and the expert as to the relevance of the required information, documents or
goods shall be referred to the arbitral tribunal.
3. Upon receipt of the expert's report, the arbitral tribunal shall communicate a copy of the
report to the parties, which shall be given the opportunity to express, in writing, their opinion
on the report. A party shall be entitled to examine any document on which the expert has
relied in the report.
4. At the request of any party, the expert, after delivery of the report, may be heard at a hearing
during which the parties shall have the opportunity to be present and to examine the expert.
At this hearing, any party may present expert witnesses in order to testify on the points
at issue. Article 25 shall be applicable to such proceedings.
5. Articles 9 to 11 shall apply to any expert appointed by the arbitral tribunal.
DEFAULT
Article 28
1. If, within the period of time set by the arbitral tribunal, the Claimant has failed to communicate
its claim without showing sufficient cause for such failure, the arbitral tribunal shall issue
an order for the termination of the arbitral proceedings. If, within the period of time set by the
arbitral tribunal, the Respondent has failed to communicate its Statement of Defence without
showing sufficient cause for such failure, the arbitral tribunal shall order that the proceedings
continue.
2. If one of the parties, duly notified under these Rules, fails to appear at a hearing, without
showing sufficient cause for such failure, the arbitral tribunal may proceed with the arbitration.
3. If one of the parties, duly invited to produce documentary or other evidence, fails to do so
within the period of time determined by the arbitral tribunal, without showing sufficient cause
for such failure, the arbitral tribunal may make the award on the evidence before it.
16
CLOSURE OF PROCEEDINGS
Article 29
1. When it is satisfied that the parties have had a reasonable opportunity to present their respective
cases on matters to be decided in an award, the arbitral tribunal may declare the
proceedings closed with regard to such matters.
2. The arbitral tribunal may, if it considers it necessary owing to exceptional circumstances,
decide, on its own initiative or upon the application of a party, to reopen the proceedings on
the matters with regard to which the proceedings were closed pursuant to Article 29(1) at any
time before the award on such matters is made.
WAIVER OF RULES
Article 30
If a party knows that any provision of, or requirement under, these Rules or any other applicable
procedural rule has not been complied with and yet proceeds with the arbitration without
promptly stating its objection to such non-compliance, it shall be deemed to have waived
its right to raise an objection.
Section IV. The Award
DECISIONS
Article 31
1. If the arbitral tribunal is composed of more than one arbitrator, any award or other decision
of the arbitral tribunal shall be made by a majority of the arbitrators. If there is no majority, the
award shall be made by the presiding arbitrator alone.
2. If authorized by the arbitral tribunal, the presiding arbitrator may decide on questions of
procedure, subject to revision by the arbitral tribunal.
FORM AND EFFECT OF THE AWARD
Article 32
1. In addition to making a final award, the arbitral tribunal may make interim, interlocutory, or
partial awards. If appropriate, the arbitral tribunal may also award costs in awards that are
not final.
2. The award shall be made in writing and shall be final and binding on the parties.
3. The arbitral tribunal shall state the reasons upon which the award is based, unless the
parties have agreed that no reasons are to be given.
4. An award shall be signed by the arbitrators and it shall specify the seat of the arbitration
and the date on which the award was made. Where the arbitral tribunal is composed of more
than one arbitrator and any of them fails to sign, the award shall state the reason for the absence
of the signature.
5. The publication of the award is governed by Article 44.
6. Originals of the award signed by the arbitrators shall be communicated by the arbitral tribunal
to the parties and to the Secretariat. The Secretariat shall retain a copy of the award.
17
APPLICABLE LAW, AMIABLE COMPOSITEUR
Article 33
1. The arbitral tribunal shall decide the case in accordance with the rules of law agreed upon
by the parties or, in the absence of a choice of law, by applying the rules of law with which
the dispute has the closest connection.
2. The arbitral tribunal shall decide as amiable compositeur or ex aequo et bono only if the
parties have expressly authorised the arbitral tribunal to do so.
3. In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract
and shall take into account the trade usages applicable to the transaction.
SETTLEMENT OR OTHER GROUNDS FOR TERMINATION
Article 34
1. If, before the award is made, the parties agree on a settlement of the dispute, the arbitral
tribunal shall either issue an order for the termination of the arbitral proceedings or, if requested
by the parties and accepted by the arbitral tribunal, record the settlement in the form
of an arbitral award on agreed terms. The arbitral tribunal is not obliged to give reasons for
such an award.
2. If, before the award is made, the continuation of the arbitral proceedings becomes unnecessary
or impossible for any reason not mentioned in Article 34(1), the arbitral tribunal shall
give advance notice to the parties that it may issue an order for the termination of the proceedings.
The arbitral tribunal shall have the power to issue such an order, unless a party
raises justifiable grounds for objection.
3. Copies of the order for termination of the arbitral proceedings or of the arbitral award on
agreed terms, signed by the arbitrators, shall be communicated by the arbitral tribunal to the
parties and to the Secretariat. Where an arbitral award on agreed terms is made, Articles
32(2) and (4) to (6) shall apply.
INTERPRETATION OF THE AWARD
Article 35
1. Within thirty days after the receipt of the award, a party, with notice to the Secretariat and
to the other parties, may request that the arbitral tribunal give an interpretation of the award.
The arbitral tribunal may set a time-limit, as a rule not exceeding thirty days, for the other
parties to comment on the request.
2. The interpretation shall be given in writing within forty-five days after the receipt of the request.
The Court may extend this time limit. The interpretation shall form part of the award
and Articles 32(2) to (6) shall apply.
CORRECTION OF THE AWARD
Article 36
1. Within thirty days after the receipt of the award, a party, with notice to the Secretariat and
to the other parties, may request the arbitral tribunal to correct in the award any errors in
computation, any clerical or typographical errors, or any errors of similar nature. The arbitral
tribunal may set a time-limit, as a rule not exceeding thirty days, for the other parties to
comment on the request.
2. The arbitral tribunal may within thirty days after the communication of the award make
such corrections on its own initiative.
18
3. Such corrections shall be in writing, and Articles 32(2) to (6) shall apply.
ADDITIONAL AWARD
Article 37
1. Within thirty days after the receipt of the award, a party, with notice to the Secretariat and
the other parties, may request the arbitral tribunal to make an additional award as to claims
presented in the arbitral proceedings but omitted from the award. The arbitral tribunal may
set a time-limit, as a rule not exceeding thirty days, for the other parties to comment on the
request.
2. If the arbitral tribunal considers the request for an additional award to be justified and considers
that the omission can be rectified without any further hearings or evidence, it shall
complete its award within sixty days after the receipt of the request. The Court may extend
this time-limit.
3. Articles 32(2) to (6) shall apply to any additional award.
COSTS
Article 38
The award shall contain a determination of the costs of the arbitration. The term "costs" includes
only:
(a) The fees of the arbitral tribunal, to be stated separately as to each arbitrator
and any secretary, and to be determined by the arbitral tribunal itself in
accordance with Articles 39 and 40(3) to (5);
(b) The travel and other expenses incurred by the arbitral tribunal and any
secretary;
(c) The costs of expert advice and of other assistance required by the arbitral
tribunal;
(d) The travel and other expenses of witnesses, to the extent such expenses
are approved by the arbitral tribunal;
(e) The costs for legal representation and assistance, if such costs were
claimed during the arbitral proceedings, and only to the extent that the arbitral
tribunal determines that the amount of such costs is reasonable;
(f) The Registration Fee and the Administrative Costs in accordance with Appendix
B (Schedule of Costs);
(g) The Registration Fee, the fees and expenses of any emergency arbitrator,
and the costs of expert advice and of other assistance required by such
emergency arbitrator, determined in accordance with Article 43(9).
Article 39
1. The fees and expenses of the arbitral tribunal shall be reasonable in amount, taking into
account the amount in dispute, the complexity of the subject-matter of the arbitration, the
time spent and any other relevant circumstances of the case, including the discontinuation of
the arbitral proceedings in case of settlement. In the event of a discontinuation of the arbitral
19
proceedings, the fees of the arbitral tribunal may be less than the minimum amount resulting
from Appendix B (Schedule of the Costs of Arbitration).
2. The fees and expenses of the arbitral tribunal shall be determined in accordance with Appendix
B (Schedule of Costs).
3. The arbitral tribunal shall decide on the allocation of its fees among its members. As a
rule, the presiding arbitrator shall receive between 40 % and 50 % and each co-arbitrator
between 25 % and 30 % of the total fees, in view of the time and efforts spent by each arbitrator.
Article 40
1. Except as provided in Article 40(2), the costs of the arbitration shall in principle be borne
by the unsuccessful party. However, the arbitral tribunal may apportion any of the costs of
the arbitration among the parties if it determines that such apportionment is reasonable, taking
into account the circumstances of the case.
2. With respect to the costs of legal representation and assistance referred to in Article 38(e),
the arbitral tribunal, taking into account the circumstances of the case, shall be free to determine
which party shall bear such costs or may apportion such costs among the parties if it
determines that an apportionment is reasonable.
3. If the arbitral tribunal issues an order for the termination of the arbitral proceedings or
makes an award on agreed terms, it shall determine the costs of the arbitration referred to in
Articles 38 and 39 in the order or award.
4. Before rendering an award, termination order, or decision on a request under Articles 35 to
37, the arbitral tribunal shall submit to the Secretariat a draft thereof for approval or adjustment
by the Court of the determination on costs made pursuant to Articles 38(a) to (c) and (f)
and Article 39. Any such approval or adjustment shall be binding upon the arbitral tribunal.
5. No additional costs may be charged by an arbitral tribunal for interpretation, correction, or
completion of its award under Articles 35 to 37, unless they are justified by the circumstances.
DEPOSIT OF COSTS
Article 41
1. The arbitral tribunal, once constituted, and after consulting with the Court, shall request
each party to deposit an equal amount as an advance for the costs referred to in Articles
38(a) to (c) and the Administrative Costs referred to in Art. 38(f). Any Provisional Deposit
paid by a party in accordance with Appendix B (Schedule of Costs) shall be considered as a
partial payment of its deposit. The arbitral tribunal shall provide a copy of such request to the
Secretariat.
2. Where a Respondent submits a counterclaim, or it otherwise appears appropriate in the
circumstances, the arbitral tribunal may in its discretion establish separate deposits.
3. During the course of the arbitral proceedings, the arbitral tribunal may, after consulting
with the Court, request supplementary deposits from the parties. The arbitral tribunal shall
provide a copy of any such request to the Secretariat.
4. If the required deposits are not paid in full within fifteen days after the receipt of the request,
the arbitral tribunal shall notify the parties in order that one or more of them may make
20
the required payment. If such payment is not made, the arbitral tribunal may order the suspension
or termination of the arbitral proceedings.
5. In its final award, the arbitral tribunal shall issue to the parties a statement of account of
the deposits received. Any unused amount shall be returned to the parties.
Section V. Other Provisions
EXPEDITED PROCEDURE
Article 42
1. If the parties so agree, or if Article 42(2) is applicable, the arbitral proceedings shall be
conducted in accordance with an Expedited Procedure based upon the foregoing provisions
of these Rules, subject to the following changes:
(a) The file shall be transmitted to the arbitral tribunal only upon payment of
the Provisional Deposit as required by Section 1.4 of Appendix B (Schedule
of Costs);
(b) After the submission of the Answer to the Notice of Arbitration, the parties
shall, as a rule, be entitled to submit only a Statement of Claim, a Statement
of Defence (and counterclaim) and, where applicable, a Statement of
Defence in reply to the counterclaim;
(c) Unless the parties agree that the dispute shall be decided on the basis of
documentary evidence only, the arbitral tribunal shall hold a single hearing
for the examination of the witnesses and expert witnesses, as well as for
oral argument;
(d) The award shall be made within six months from the date on which the
Secretariat transmitted the file to the arbitral tribunal. In exceptional circumstances,
the Court may extend this time-limit;
(e) The arbitral tribunal shall state the reasons upon which the award is based
in summary form, unless the parties have agreed that no reasons are to
be given.
2. The following provisions shall apply to all cases in which the amount in dispute, representing
the aggregate of the claim and the counterclaim (or any set-off defence), does not exceed
CHF 1'000'000 (one million Swiss francs), unless the Court decides otherwise, taking
into account all relevant circumstances:
(a) The arbitral proceedings shall be conducted in accordance with the Expedited
Procedure set forth in Article 42(1);
(b) The case shall be referred to a sole arbitrator, unless the arbitration
agreement provides for more than one arbitrator;
(c) If the arbitration agreement provides for an arbitral tribunal composed of
more than one arbitrator, the Secretariat shall invite the parties to agree to
refer the case to a sole arbitrator. If the parties do not agree to refer the
case to a sole arbitrator, the fees of the arbitrators shall be determined in
accordance with Appendix B (Schedule of Costs), but shall in no event be
21
less than the fees resulting from the hourly rate set out in Section 2.8 of
Appendix B.
EMERGENCY RELIEF
Article 43
1. Unless the parties have agreed otherwise, a party requiring urgent interim measures pursuant
to Article 26 before the arbitral tribunal is constituted may submit to the Secretariat an
application for emergency relief proceedings (hereinafter the "Application"). In addition to the
particulars set out in Articles 3(3)(b) to (e), the Application shall include:
(a) A statement of the interim measure(s) sought and the reasons therefor, in particular
the reason for the purported urgency;
(b) Comments on the language, the seat of arbitration, and the applicable law;
(c) Confirmation of payment by check or transfer to the relevant account listed in
Appendix A of the Registration Fee and of the deposit for emergency relief proceedings
as required by Section 1.6 of Appendix B (Schedule of Costs).
2. As soon as possible after receipt of the Application, the Registration Fee, and the deposit
for emergency relief proceedings, the Court shall appoint and transmit the file to a sole
emergency arbitrator, unless
(a) there is manifestly no agreement to arbitrate referring to these Rules, or
(b) it appears more appropriate to proceed with the constitution of the arbitral tribunal
and refer the Application to it.
3. If the Application is submitted before the Notice of Arbitration, the Court shall terminate
the emergency relief proceedings if the Notice of Arbitration is not submitted within ten days
from the receipt of the Application. In exceptional circumstances, the Court may extend this
time-limit.
4. Articles 9 to 12 shall apply to the emergency arbitrator, except that the time-limits set out
in Articles 11(1) and (2) are shortened to three days.
5. If the parties have not determined the seat of the arbitration, or if the designation of the
seat is unclear or incomplete, the seat of the arbitration for the emergency relief proceedings
shall be determined by the Court without prejudice to the determination of the seat of the
arbitration pursuant to Article 16(1).
6. The emergency arbitrator may conduct the emergency relief proceedings in such a manner
as the emergency arbitrator considers appropriate, taking into account the urgency inherent
in such proceedings and ensuring that each party has a reasonable opportunity to be
heard on the Application.
7. The decision on the Application shall be made within fifteen days from the date on which
the Secretariat transmitted the file to the emergency arbitrator. This period of time may be
extended by agreement of the parties or, in appropriate circumstances, by the Court. The
decision on the Application may be made even if in the meantime the file has been transmitted
to the arbitral tribunal.
8. A decision of the emergency arbitrator shall have the same effects as a decision pursuant
to Article 26. Any interim measure granted by the emergency arbitrator may be modified,
22
suspended or terminated by the emergency arbitrator or, after transmission of the file to it,
by the arbitral tribunal.
9. The decision on the Application shall include a determination of costs as referred to in
Article 38(g). Before rendering the decision on the Application, the emergency arbitrator
shall submit to the Secretariat a draft thereof for approval or adjustment by the Court of the
determination of costs. The costs shall be payable out of the deposit for emergency relief
proceedings. The determination of costs pursuant to Article 38(d) and (e) and the apportionment
of all costs among the parties shall be decided by the arbitral tribunal. If no arbitral
tribunal is constituted, the determination of costs pursuant to Article 38(d) and (e) and the
apportionment of all costs shall be decided by the emergency arbitrator in a separate award.
10. Any measure granted by the emergency arbitrator ceases to be binding on the parties
either upon the termination of the emergency relief proceedings pursuant to Article 43(3),
upon the termination of the arbitral proceedings, or upon the rendering of a final award, unless
the arbitral tribunal expressly decides otherwise in the final award..
11. The emergency arbitrator may not serve as arbitrator in any arbitration relating to the
dispute in respect of which the emergency arbitrator has acted, unless otherwise agreed by
the parties.
CONFIDENTIALITY
Article 44
1. Unless the parties expressly agree in writing to the contrary, the parties undertake to keep
confidential all awards and orders as well as all materials submitted by another party in the
framework of the arbitral proceedings not already in the public domain, except and to the
extent that a disclosure may be required of a party by a legal duty, to protect or pursue a
legal right, or to enforce or challenge an award in legal proceedings before a judicial authority.
This undertaking also applies to the arbitrators, the tribunal-appointed experts, the secretary
of the arbitral tribunal, the members of the board of directors of the Swiss Chambers’
Arbitration Institution, the members of the Court and the Secretariat, and the staff of the individual
Chambers.
2. The deliberations of the arbitral tribunal are confidential.
3. An award or order may be published, whether in its entirety or in the form of excerpts or a
summary, only under the following conditions:
(a) A request for publication is addressed to the Secretariat;
(b) All references to the parties’ names are deleted; and
(c) No party objects to such publication within the time-limit fixed for that purpose by
the Secretariat.
EXCLUSION OF LIABILITY
Article 45
1. Neither the members of the board of directors of the Swiss Chambers’ Arbitration Institution,
the members of the Court and the Secretariat, the individual Chambers or their staff, the
arbitrators, the tribunal-appointed experts, nor the secretary of the arbitral tribunal shall be
liable for any act or omission in connection with an arbitration conducted under these Rules,
except if the act or omission is shown to constitute intentional wrongdoing or gross negligence.
23
2. After the award or termination order has been made and the possibilities of correction,
interpretation and additional awards referred to in Articles 35 to 37 have lapsed or have been
exhausted, neither the members of the board of the Swiss Chambers’ Arbitration Institution,
the members of the Court and the Secretariat, the individual Chambers or their staff, the arbitrators,
the tribunal-appointed experts, nor the secretary of the arbitral tribunal shall be under
an obligation to make statements to any person about any matter concerning the arbitration.
No party shall seek to make any of these persons a witness in any legal or other proceedings
arising out of the arbitration.
24
APPENDIX A: Offices of the Secretariat of the Arbitration Court
Swiss Chambers’ Arbitration Institution
Arbitration Court
Secretariat
c/o Basel Chamber of Commerce
Aeschenvorstadt 67
P.O. Box
CH-4010 Basel
Telephone: +41 61 270 60 50
Fax: +41 61 270 60 05
E-mail: basel@swissarbitration.org
Bank details: UBS AG, CH-4002 Basel
Account No: 292 – 10157720.0
Clearing No: 292
Swift Code: UBSWCHZH80A
Iban: CH98 0029 2292 10157720 0
c/o Chamber of Commerce and Industry of Bern
Kramgasse 2
P.O. Box 5464
CH-3001 Bern
Telephone: +41 31 388 87 87
Fax: +41 31 388 87 88
E-mail: bern@swissarbitration.org
Bank details: BEKB
Account No: KK 16 166.151.0.44 HIV Kanton Bern
Clearing No: 790
Swift Code: KBBECH22
Iban: CH35 0079 0016 1661 5104 4
c/o Geneva Chamber of Commerce, Industry and Services
4, Boulevard du Théâtre
P.O. Box 5039
CH-1211 Geneva 11
Telephone: +41 22 819 91 11
Fax: +41 22 819 91 36
E-mail: geneva@swissarbitration.org
Bank details: UBS SA, Rue du Rhône 8, 1204 Genève
Account No: 279-HU108533.1
Clearing No: 279
Swift code: UBSWCHZH80A
Iban: CH13 0027 9279 HU1085331
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c/o Neuchatel Chamber of Commerce and Industry
4, rue de la Serre
P.O. Box 2012
CH – 2001 Neuchâtel
Telephone: +41 32 722 15 22
Fax : +41 32 722 15 20
E-mail : neuchatel@swissarbitration.org
Bank : BCN, Neuchâtel
Account No. : C0029.20.09
Clearing Nr : 766
Swift code : BCNNCH22
Iban : CH69 0076 6000 C002 9200 9
c/o Chamber of Commerce and Industry of Ticino
Corso Elvezia 16
P.O. Box 5399
CH-6901 Lugano
Telephone: +41 91 911 51 11
Fax: +41 91 911 51 12
E-mail: lugano@swissarbitration.org
Bank details: Banca della Svizzera Italiana (BSI), Via Magatti 2, CH-6901 Lugano
Account No: A201021A
Clearing No: 8465
Swift code: BSILCH22
Iban: CH64 0846 5000 0A20 1021 A
c/o Chamber of Commerce and Industry of Vaud
Avenue d'Ouchy 47
P.O. Box 315
CH-1001 Lausanne
Telephone: +41 21 613 35 31
Fax: +41 21 613 35 05
E-mail: lausanne@swissarbitration.org
Bank details: Banque Cantonale Vaudoise, 1001 Lausanne
Account No: CO 5284.78.17
Clearing No: 767
Swift Code: BCVLCH2LXX
Iban: CH44 0076 7000 U528 4781 7
c/o Zurich Chamber of Commerce
Selnaustrasse 32
P.O. Box 3058
CH-8022 Zurich
Telephone: +41 44 217 40 50
Fax: +41 44 217 40 51
E-mail: zurich@swissarbitration.org
Bank details: Credit Suisse, CH-8070 Zurich
Account No: 497380-01
Clearing No: 4835
Swift Code: CRESCHZZ80A
Iban: CH62 0483 5049 7380 0100 0
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APPENDIX B: Schedule of Costs (effective as of 1 June 2012)
(All amounts in this Appendix B are in Swiss francs, hereinafter “CHF”)
1. Registration Fee and Deposits
1.1 When submitting a Notice of Arbitration, the Claimant shall pay a non-refundable Registration
Fee of
· CHF 4'500 for arbitrations where the amount in dispute does not exceed
CHF 2'000'000;
· CHF 6'000 for arbitrations where the amount in dispute is between CHF 2'000'001
and CHF 10'000'000;
· CHF 8'000 for arbitrations where the amount in dispute exceeds CHF10'000'000.
1.2 If the amount in dispute is not quantified, the Claimant shall pay a non-refundable Registration
Fee of CHF 6'000.
1.3 The above provisions shall apply to any counterclaim.
1.4 Under the Expedited Procedure, upon receipt of the Notice of Arbitration, the Court shall
request the Claimant to pay a Provisional Deposit of CHF 5'000.
1.5 If the Registration Fee or any Provisional Deposit is not paid, the arbitration shall not proceed
with respect to the related claim(s) or counterclaim(s).
1.6 A party applying for Emergency Relief shall pay a non-refundable Registration Fee of
CHF 4'500 and a deposit as an advance for the costs of the emergency relief proceedings of
CHF 20'000 together with the Application. If the Registration Fee and the deposit are not
paid, the Court shall not proceed with the emergency relief proceedings.
1.7 In case of a request for the correction or interpretation of the award or for an additional
award made pursuant to Articles 35, 36 or 37, or where a judicial authority remits an award to
the arbitral tribunal, the arbitral tribunal may request a supplementary deposit with prior approval
of the Court.
2. Fees and Administrative Costs
2.1 The fees referred to in Articles 38(a) and (g) shall cover the activities of the arbitral tribunal
and the emergency arbitrator, respectively, from the moment the file is transmitted until
the final award, termination order, or decision in emergency relief proceedings.
2.2 Where the amount in dispute exceeds the threshold specified in Section 6 of this Appendix
B, Administrative Costs2 shall be payable to the Swiss Chambers' Arbitration Institution,
in addition to the Registration Fee.
2.3 As a rule, and except for emergency relief proceedings, the fees of the arbitral tribunal
and the Administrative Costs shall be computed on the basis of the scale in Section 6 of this
Appendix B, taking into account the criteria of Article 39(1). The fees of the arbitral tribunal,
the deposits requested pursuant to Article 41, as well as the Administrative Costs may ex-
2 This is a contribution, in the maximum amount of CHF 50’000, to the Administrative Costs of the
Swiss Chambers’ Arbitration Institution, in addition to the Registration Fee. In the event of a discontinuation
of the arbitral proceedings (Article 39(1)), the Swiss Chambers’ Arbitration Institution may,
in its discretion, decide not to charge all or part of the Administrative Costs.
27
ceed the amounts set out in the scale only in exceptional circumstances and with prior approval
of the Court.
2.4 Claims and counterclaims are added for the determination of the amount in dispute. The
same rule applies to set-off defences, unless the arbitral tribunal, after consulting with the
parties, concludes that such set-off defences will not require significant additional work.
2.5 Interest claims shall not be taken into account for the calculation of the amount in dispute.
However, when the interest claims exceed the amount claimed as principal, the interest
claims alone shall be taken into account for the calculation of the amount in dispute.
2.6 Amounts in currencies other than the Swiss franc shall be converted into Swiss francs at
the rate of exchange applicable at the time the Notice of Arbitration is received by the Secretariat
or at the time any new claim, counterclaim, set-off defence or amendment to a claim or
defence is filed.
2.7 If the amount in dispute is not quantified, the fees of the arbitral tribunal and the Administrative
Costs shall be determined by the arbitral tribunal, taking into account all relevant circumstances.
2.8 Where the parties do not agree to refer the case to a sole arbitrator as provided for by
Article 42(2) (Expedited Procedure), the fees of the arbitrators shall be determined in accordance
with the scale in Section 6 of this Appendix B, but shall not be less than the fees
resulting from the application of an hourly rate of CHF 350 (three hundred fifty Swiss francs)
for the arbitrators.
2.9 The fees of the emergency arbitrator shall range from CHF 2'000 to CHF 20'000. They
may exceed CHF 20’000 only in exceptional circumstances and with the approval of the
Court.
3. Expenses
The expenses of the arbitral tribunal and the emergency arbitrator shall cover their reasonable
disbursements for the arbitration, such as expenses for travel, accommodation, meals,
and any other costs related to the conduct of the proceedings. The Court shall issue general
guidelines for the accounting of such expenses3.
4. Administration of Deposits
4.1 The Secretariat or, if so requested by the Secretariat, the arbitral tribunal, is to hold the
deposits to be paid by the parties in a separate bank account which is solely used for, and
clearly identified as relating to, the arbitral proceedings in question.
4.2 With the approval of the Court, part of the deposits may from time to time be released to
each member of the arbitral tribunal as an advance on costs, as the arbitration progresses.
5. Taxes and Charges Applicable to Fees
Amounts payable to the arbitral tribunal or emergency arbitrator do not include any possible
value added taxes (VAT) or other taxes or charges that may be applicable to the fees of a
member of the arbitral tribunal or emergency arbitrator. Parties have a duty to pay any such
taxes or charges. The recovery of any such taxes or charges is a matter solely between each
member of the arbitral tribunal, or the emergency arbitrator, on the one hand, and the parties,
on the other.
3 The guidelines are available at www.swissarbitration.org.
28
6. Scale of Arbitrator’s Fees and Administrative Costs
6.1 Sole Arbitrator
Amount in dispute
(in Swiss francs)
Administrative costs Sole Arbitrator
Minimum Maximum
0 - 300’000 - 4% of amount 12% of amount
300’001 - 600’000 - 12’000 + 2% of amount over 300’000 36’000 + 8% of amount over 300’000
600’001 - 1’000’000 - 18’000 + 1.5% of amount over 600’000 60’000 + 6% of amount over 600’000
1’000’001 - 2’000’000 - 24’000 + 0.6% of amount over 1’000’000 84’000 + 3.6% of amount over 1’000’000
2’000’001 - 10’000’000 4’000 + 0.2% of amount over 2’000’000 30’000 + 0.38% of amount over 2’000’000 120’000 + 1.5% of amount over 2’000’000
10’000’001 - 20’000’000 20’000 + 0.1% of amount over 10’000’000 60’400 + 0.3% of amount over 10’000’000 240’000 + 0.6% of amount over 10’000’000
20’000’001 - 50’000’000 30’000 + 0.05% of amount over 20’000’000 90’400 + 0.1% of amount over 20’000’000 300’000 + 0.2% of amount over 20’000’000
50’000’001 - 100’000’000 45’000 + 0.01% of amount over 50’000’000 120’400 + 0.06% of amount over 50’000’000 360’000 + 0.18% of amount over 50’000’000
100’000’001 - 250’000’000 50’000 150’400 + 0.02% of amount over 100’000’000 450’000 + 0,1% of amount over 100’000’000
> 250’000’000 50’000 180’400 + 0.01% of amount over 250’000’000 600’000 + 0.06% of amount over 250’000’000
29
6.2 Three Arbitrators4
Amount in dispute
(in Swiss francs)
Administrative costs Three-member arbitral tribunal
Minimum Maximum
0 - 300’000 - 10% of amount 30% of amount
300’001 - 600’000 - 30’000 + 5% of amount over 300’000 90’000 + 20% of amount over 300’000
600’001 - 1’000’000 - 45’000 + 3.75% of amount over 600’000 150’000 + 15% of amount over 600’000
1’000’001 - 2’000’000 - 60’000 + 1.5% of amount over 1’000’000 210’000 + 9% of amount over 1’000’000
2’000’001 - 10’000’000 4’000 + 0.2% of amount over 2’000’000 75’000 + 0.95% of amount over 2’000’000 300’000 + 3.75% of amount over 2’000’000
10’000’001 - 20’000’000 20’000 + 0.1% of amount over 10’000’000 151’000 + 0.75% of amount over 10’000’000 600’000 + 1.5% of amount over 10’000’000
20’000’001 - 50’000’000 30’000 + 0.05% of amount over 20’000’000 226’000 + 0.25% of amount over 20’000’000 750’000 + 0.5% of amount over 20’000’000
50’000’001 - 100’000’000 45’000 + 0.01% of amount over 50’000’000 301’000 + 0.15% of amount over 50’000’000 900’000 + 0.45% of amount over 50’000’000
100’000’001 - 250’000’000 50’000 376’000 + 0.05% of amount over 100’000’000 1’125’000 + 0,25% of amount over 100’000’000
> 250’000’000 50’000 451’000 + 0.025% of amount over 250’000’000 1’500’000 + 0.15% of amount over 250’000’000
4 The fees of an arbitral tribunal consisting of more than one arbitrator represent those of a sole arbitrator plus 75 % for each additional arbitrator, i.e. 250% of the
fees of a sole arbitrator for a three-member tribunal.