Switzerland has revised its international arbitration law during summer 2020. The revised provisions of the 12th Chapter of the Private International Law Act (“PILA”) entered into force on January 1, 2021. The article at hand offers a handy overview on the revised Art. 178 PILA[1] governing the form requirements from a thoroughly practical approach, focusing on its key changes and developments in international arbitration.
Read moreSwiss Supreme Court upholds the request for revision of an arbitral award based on the subsequent discovery of circumstances that justified the removal of an arbitrator
In a recent decision published on 15 January 2021, the Swiss Federal Supreme Court (“SFSC”) upheld a request for revision of an arbitral award of the Lausanne-based Court of Arbitration for Sport (“CAS”) regarding the Chinese swimmer Sun Yang on grounds of bias and lack of impartiality of the chairman of the CAS panel (case no. 4A_318/2021 (in French)).
Factual background
With its decision of February 28, 2020, the CAS imposed an eight-year ban on the Chinese swimmer Sun Yang for violation of doping rules. On June 15, 2020, Sun Yang filed an appeal against the CAS award with the SFSC. In the appeal, he raised doubts against the impartiality of the chairman of the CAS panel, Franco Frattini. In support thereof, Sun Yang submitted evidence according to which in 2018 and 2019, Franco Frattini had repeatedly published comments about the treatment of animals in China on his Twitter account, containing extreme anti-Chinese language.
Read moreSports Law : Court of Arbitration for Sport (CAS)
The Court of Arbitration for Sport (CAS) was founded in 1984 and is an independent organisation that facilitates the resolution of disputes involving sporting organisations and their individual members through mediation and binding arbitration.
CAS has its main seat in Lausanne, Switzerland but also has operational offices in Sydney, Australia and New York, United States.
Read moreImposing virtual arbitration hearings in times of COVID-19: The Swiss perspective
On 6 July 2020 the Swiss Federal Tribunal has issued a decision in which it has held that the COVID-19pandemic does not serve as a sufficient justification to impose virtual hearings in state court proceedings against a party’s will. With a view to field of arbitration, the question thus arises whether the respective reasoning of the highest Swiss court may have any impact on the practice of arbitral tribunals seated in Switzerland.
Read moreSwiss supreme court explains removal of arbitrator in Sun Yang case
The Swiss supreme court has explained the reason it referred back Sun Yang's case, saying tweets by the president of the panel of arbitrators at the Court of Arbitration for Sport (CAS) - the Italian Franco Frattini - had exhibited possible bias against Chinese people.
Read moreInternational Arbitration in Switzerland: A revised legal framework in 2021
Effective as from 1 January 2021, the Swiss parliament enacted a number of revised provisions of Chapter 12 of the Swiss Federal Private International Law Act, 1987 (PILA) governing international arbitration (lex arbitri). This "light touch" revision aims at consolidating 30 years of cases decided by the Federal Supreme Court, reinforcing the parties' autonomy and making the application of the law even more predictable and user-friendly. Our newsflash provides a concise overview of the revision's most important features.
Read moreSwitzerland Updates its Arbitration Law
On 1 January 2021, the revision of the Swiss arbitration law came into force (the “Amended PILA”). Voted in June 2020 by the Swiss parliament, the amendment to the law that governs international arbitrations seated in Switzerland is an update that builds in welcomed clarifications and improvements. The new law makes arbitration in Switzerland more flexible and accessible and further strengthens Switzerland’s position as one of the most attractive venues for hosting international arbitrations.
Read moreSwitzerland: Revisions Of The Swiss International Arbitration Law
The International Arbitration Law of Switzerland is regulated under Chapter 12 of the Private International Law Act of 1987 ("PILA"). On 19 June 2020, the Swiss Parliament approved revisions to the PILA, which is expected to enter into force on 1 January 2021.1 The purpose of the revisions is to reflect the Swiss Federal Supreme Court's decisions, and to modernize and clarify the wording of some of its provisions.
The PILA still maintains its well-organized and flexible nature by keeping all of its core provisions, and aims to create a more user-friendly and accessible text to non-Swiss users. This Newsletter Article will address its main revisions.
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