The doctrine of sovereign immunity can be traced back to early international law theories. Traditionally, sovereign immunity was considered absolute, meaning that states could not be sued under any circumstances. However, as international relations and state involvement in commerce expanded, many countries, including Switzerland, adopted a restrictive approach. This distinction allows legal actions against states […]

The Swiss Private International Law Act (“PILA”), codified in the Federal Act on Private International Law of 18 December 1987, is likely the most complete codification of private international law in the world. Initially introduced in Swiss legislation to strengthen Switzerland’s position in the field of international law, the PILA was recently revamped to accommodate […]

Switzerland is among the most preferred seats for arbitration, as revealed by an international Survey from 2018.[1] Its attractivity stems from factors such as its political neutrality, the well-established legal framework, the qualified arbitration practitioners, and its efficient institutions. Some key points relevant to the choice of Switzerland as a seat of arbitration will be […]

In June 2021, the Swiss Arbitration Association (“ASA”) published the ASA Arbitration Toolbox, a free, interactive platform that guides users through the various steps of an international commercial arbitration via the help of questionnaires, diagrams, practical tips, as well as downloadable sample documents. The ASA Arbitration Toolbox is available online here. In order to access […]

The newly-revised 2021 Swiss Rules of International Arbitration (“2021 Swiss Rules”) took effect on 1 June 2021 and apply to all arbitrations commencing on or after that date, superseding the 2012 version previously in force, unless the parties otherwise agree. Originally enacted on 1 January 2004, and having undergone only one revision in 2012, the […]