Article: Statutory Arbitration Clauses and the Supplemental Swiss Rules for Corporate Law Disputes in Switzerland

Abstract

On 1 January 2023, revisions to the corporate law came into force which, among other things, allow Swiss companies to include a statutory arbitration clause in their articles of association (AoA) in respect of corporate disputes. Unless drafted otherwise, such arbitration clauses will bind the general meeting, the board of directors, the auditors and the shareholders. In such cases, corporate disputes will be conducted solely in the private sphere. In this regard, the Swiss Arbitration Centre published a Model Statutory Arbitration Clause and supplemental rules for corporate law disputes in Autumn 2022. This article analyses the new possibility for statutory arbitration clauses in Switzerland and evaluates the importance of the supplemental rules in practice. Corporate Law Disputes, Statutory Arbitration Clauses, Swiss Rules, Supplemental Swiss Rules for Corporate Disputes, Arbitration, Switzerland, Lex Arbitri, Comparative Analysis, Participation of Third Parties, Confidentiality