Arbitration Submission Agreement Template for Switzerland

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Key Requirements PROMPT example:

Arbitration Submission Agreement

"I need an Arbitration Submission Agreement under Swiss law for a complex construction dispute between a Swiss developer and a German contractor, with three arbitrators and proceedings to be conducted in English, incorporating the Swiss Rules of International Arbitration."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Financial Services

Manufacturing

International Trade

Construction

Energy

Technology

Pharmaceuticals

Telecommunications

Real Estate

Infrastructure

Maritime

Aviation

Professional Services

Mining and Resources

Consumer Goods

Sports and Entertainment

Relevant Teams

Legal

Compliance

Risk Management

Corporate Governance

Executive Leadership

Finance

Commercial Operations

Business Development

Project Management

Corporate Affairs

Relevant Roles

General Counsel

Legal Director

Chief Legal Officer

Dispute Resolution Manager

Commercial Director

Chief Executive Officer

Contract Manager

Risk Manager

Compliance Officer

Corporate Secretary

Legal Counsel

arbitration specialist

Business Development Director

Chief Financial Officer

Project Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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