Swiss Chamber‘s Arbitration Institution (SCAI) Caroline Ming SCAI Executive Director & General Counsel 09.12.2015

Arbitration & Mediation Services: Swiss Rules of International Arbitration Rules of the Swiss Chambers’ Arbitration Institution as Appointing Authority in UNCITRAL or other Ad Hoc Arbitration Proceedings Swiss Rules of Commercial Mediation

From the individual Chambers services to the Swiss Rules of International Arbitration More than 100 years of International arbitration services by the various Swiss Chambers of Commerce The Swiss Rules were unified in 2004 Revised in 2012 New name since 2012: Swiss Chambers‘ Arbitration Institution (SCAI)

Organisation of the Institution Association of 7 Swiss Chambers of Commerce Board (President: Jacques Jeannerat) Arbitration Court (Chairman: Philipp Habegger) Secretariat of the Court Executive Director & General Counsel (Caroline Ming)

The Arbitration Court Secretariat Arbitration Court Zurich Geneva 27 Court Members (highly specialized arbitration practitioners) A Special Committee of 9 Court Members The Court’s Secretariat with offices in seven Swiss cities Secretariat Zurich Arbitration Court Geneva Basel Berne Special Committee Lugano Neuchâtel Lausanne

Case Administration I For each case: A Case Administration Committee A Special Committee for Consolidation of cases (Art. 4.1) Failure in the constitution of a tribunal (Art. 5(3)) Challenge of an arbitrator (Art. 11) Removal of an arbitrator (Art. 12) Replacement of an arbitrator (Art 13(2)) Seat of the arbitration (Art. 16)

Case Administration II For Emergency Relief cases, the Chairman of the Court renders decisions on Confirmation of Emergency Arbitrator (Art. 43(2)) Challenge of an arbitrator (Art. 43(4)) Removal of an arbitrator (Art. 43(4)) Seat of the arbitration (Art. 43(5))

Secretariat Secretariat with offices in seven Swiss cities Case administration in English, German, French and Italian Cost Control No scrutiny of Award

Languages Swiss Rules and Model Clauses available English (original version) and in more than 12 other Languages (official translations can be found on www.swissarbitration.org) Swiss laws (arbitration law, International private law, contract law, corporate law, etc.) are all available in French, German, Italian and English (https://www.admin.ch/gov/en/start/federal-law/classified-compilation.html?lang=en ) Supreme Court Decisions are available in English and in their original language (French, German, or Italian) (www.swissarbitrationdecisions.com ; http://www.bger.ch/index/juridiction/jurisdiction-inherit-template/jurisdiction-recht.htm )

Advantages of using the Swiss Rules Cost effectiveness – lean administration, no administrative fees for cases < CHF 2mio (€ 1.8mio), cost calculator available on our website, arbitrators’ costs and fees are controlled (https://www.swissarbitration.org/sa/en/costs.php ) Flexibility (free choice of arbitrator, applicable law, seat, language and counsel; deadlines can be shortened by the parties) Expeditious (normal procedure: 12 months on average; 6 month for the expedited procedure (art. 42), interim relief (art. 26) and emergency arbitrator (art. 43), deadlines can even be shortened by the parties, no scrutiny)

Further advantages Excellent support by the Swiss legislator (modern and efficient arbitration laws) and by the Swiss Supreme Court (limited grounds of recourse – decision within 4 months on average) Confidentiality (art. 44) Possibility to combine arbitration with mediation at any time. Suggested addition to the arbitration clause: « The parties may agree at any time to submit the dispute to mediation in accordance with the Swiss Rules of Commercial Mediation of the Swiss Chambers' Arbitration Institution.» Excellent reputation facilitating recognition and enforcement of awards

Financial aspects SCAI Registration fee (CHF 4‘500 / CHF 6‘000 / CHF 8‘000) No Administrative fee for amounts in dispute below CHF 2 Millions Very moderate administrative fee for amounts in dispute between CHF 2 and 10 mio: CHF 4’000.- to 8’000.- Progressive rise of the fee, up to max. 50’000.- for amounts in dispute above CHF 100 Mio. Fair arbitrators’ fees (depending on amount in dispute; controlled by SCAI) https://www.swissarbitration.org/sa/en/costs.php Lawyers’ fees (freely agreed upon with the parties) The Costs of the arbitration shall in principle be borne by the unsuccessful party. (Art. 40 (1) Swiss Rules)

Some figures More than 900 cases since 2004 70 % of the cases in English 33 % of non-Swiss arbitrators 80 % of the parties are non-Swiss Parties come from 110 different countries 70 % with Swiss law as applicable law 40 % Expedited Procedures 50 % Sole Arbitrator

Matters in dispute (2004-2014) Manufacturing 1% Purchase and sale of goods 28% Intellectual Property/Licenses 5% Joint Ventures 1% Purchase/Sale of shares 13% Investment 3% Shareholders' Agreement 4% Loan Agreements 3% Service Contracts 11% Distribution/Agency 13% Construction 3% Settlement Agreement 2% Employment Agreement 2% Others 11%

Thank You! For more information: www.swissarbitration.org