SWITZERLAND 13

22 - 05 - 1985

SWITZERLAND 13

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XII (1987)
Jurisdiction Switzerland
Summary

Switzerland 13. Tribunal Fédéral, First Civil Court, 22 May 1985

Related topics
202

The court discusses the form in which the arbitration agreement is expressed: short form arbitration clause, reference to rules of institution, etc.

Contents of arbitration agreement
214-216 Field of application
217

The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.

Referral to arbitration in general
SWITZERLAND 13