Settlement Agreement Swiss Law

Swiss rules are widely recognised as an alternative to other current arbitration rules, including ICC arbitration regulations. Under Swiss law and Swiss rules, parties to an arbitration agreement have the right to apply for interim, provisional or emergency emergency assistance from a state court or arbitral tribunal. In the past, the parties have often had to apply for a provisional discharge from a state court in particularly laudable cases – and if the arbitral tribunal was not yet formed. The revised Swiss rules deal with the need, even in these circumstances, to choose between the State Court and the Court of Arbitration, specifying that the Court of Arbitration has the power to issue interim measures and by introducing an emergency arbitration procedure. As a general rule, a civil proceeding before national courts must be preceded by an attempt at mediation before a conciliation authority, although the CPC also contains some exceptions to this requirement. This exception applies where the respondent is domiciled abroad and the applicant may waive a conciliation procedure. The conciliation procedure is initiated by a conciliation request which includes, among other things, requests for discharge and, as a general rule, a brief description of the issue at issue. With the filing of the conciliation request, the procedure is edough (read pendens) and the prescription stagnates. Conciliation procedures are confidential and rather informal. Within two months of receiving the application, a hearing is held at which the conciliation body attempts to reconcile the parties informally. In the absence of an agreement, the conciliation body authorizes the continuation of the action, so that the plaintiff can bring the appeal before the competent court of first instance within three months of the issuance of the power.

Courts may also hold trial procedures at any time during the proceedings. These hearings are primarily intended to prepare for the main hearing or to try to reach an agreement. Another characteristic of international arbitration under the PILA is that, if no party has a home in Switzerland, the parties may completely waive their right to appeal the award by an express declaration in the arbitration agreement or by a subsequent written agreement. Under the CPC, the parties do not have that right. Such an exceptional regime, sometimes, in order to further expedite the resolution of the dispute and ensure an increased degree of confidentiality. While the Federal Court of Justice has been very reluctant to impose such pre-waiver declarations, which impose an explicit and clear waiver of the complaint, the court appears to have become more liberal in this regard. In its first decisions, the Bundesgerichtshof refused to impose general statements, provided the sentence was “final and binding” or did it renounce any contestable decision. However, by a decision of 21 March 2011 (4A_486/2010), the Bundesgerichtshof concluded that the following declaration, contained in the parties` arbitration agreement, constitutes an effective waiver of the parties` right of appeal: under current law, commercial courts are only competent if the parties are registered in the Swiss trade register or on a comparable foreign register.

The purpose of the review is to give the parties the opportunity to establish the jurisdiction of a commercial tribunal by mutual agreement. To do this, in addition to consent (for example. B by a state for agreement), at least one of the parties must be the company, the amount of the dispute must be at least CHF 100,000 and at least one of the parties must have no residence in Switzerland at the time of consent (home/usual residence).