The Arbitration Submission Agreement is a crucial document used when parties have an existing dispute and wish to resolve it through arbitration, rather than through court litigation. This agreement type is particularly significant in Switzerland, a globally recognized arbitration hub known for its neutrality, efficiency, and arbitration-friendly legal framework. The document is used to establish the parameters of the arbitration process, including defining the dispute's scope, selecting arbitrators, choosing applicable rules, and setting procedural frameworks. Unlike arbitration clauses in commercial contracts that address future disputes, an Arbitration Submission Agreement deals with existing disputes, making it particularly important to precisely define the issues to be arbitrated. The agreement must comply with Swiss arbitration law, either the PILA for international arbitration or the CPC for domestic arbitration, and often incorporates institutional rules such as the Swiss Rules of International Arbitration.
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1. Parties: Identification of all parties to the arbitration agreement, including full legal names, addresses, and registration details
2. Background: Description of the circumstances leading to the dispute and the relationship between the parties
3. Definitions: Key terms used throughout the agreement
4. Submission to Arbitration: Express agreement to submit the specified dispute to arbitration and waiver of court proceedings
5. Scope of Arbitration: Detailed description of the dispute(s) being submitted to arbitration
6. Seat of Arbitration: Specification of the arbitration seat in Switzerland and applicable Swiss law provisions
7. Arbitral Tribunal: Composition of the tribunal, number of arbitrators, and appointment procedure
8. Language of Arbitration: Specification of the language(s) to be used in the arbitration proceedings
9. Applicable Law: Laws governing the substance of the dispute and the arbitration procedure
10. Costs: Provisions regarding the allocation of arbitration costs and legal fees
11. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and materials
12. Notices: Process for serving notices and communications between parties and tribunal
13. Execution: Signature blocks and execution formalities
1. Multi-Party Provisions: Additional provisions for cases involving multiple parties, including appointment of arbitrators and cost sharing
2. Interim Measures: Provisions regarding the power to grant interim or conservatory measures
3. Document Production: Specific rules for document production and evidence gathering
4. Expert Determination: Provisions for appointment and role of expert witnesses
5. Time Limits: Specific deadlines for various stages of the arbitration process
6. Appeals: Provisions regarding possible appeals or challenges to the award
7. Split Proceedings: Provisions for bifurcation or separation of proceedings if relevant
8. Settlement and Mediation: Provisions for potential settlement discussions or parallel mediation
1. Schedule 1 - Dispute Details: Detailed description of the dispute, including chronology of events and key issues
2. Schedule 2 - Underlying Agreements: Copies of relevant contracts or agreements related to the dispute
3. Schedule 3 - Arbitrator Requirements: Specific qualifications or requirements for arbitrators
4. Schedule 4 - Procedural Timeline: Proposed timeline for the arbitration proceedings
5. Schedule 5 - Document List: List of key documents relevant to the dispute
6. Appendix A - Power of Attorney: If applicable, powers of attorney for party representatives
7. Appendix B - Special Procedures: Any agreed special procedures or modifications to institutional rules
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