Awards made in Switzerland may be challenged (directly before the Supreme Court) if the arbitrators have violated the parties’ "right to be heard in adversary proceedings" (guaranteed by Articles 182(3) and 190(2)(d) of the Swiss Private International Law Act).

Since the entry into force of the Swiss Competition Act in 1996, the question as to the capacity of third parties to appeal decisions regarding concentrations has remained controversial. In a decision dated June 14 2005, the Swiss Supreme Court eventually held that third parties (including competitors) have no right to appeal decisions regarding concentrations (irrespective of any interest they may have).

X, Y and Z entered into a contract containing an arbitration clause. Z initiated arbitration proceedings against X, Y and A, on the ground that A constantly intervened in the making and performance of the contract. X and Y objected to the arbitration tribunal's jurisdiction regarding A in the absence of any arbitration agreement binding X, Y and Z to A.

An award was challenged for want of going through pre-arbitration conciliation. The clause read in part (in translation): Any controversy or dispute relating to the present contract and which cannot be resolved amicably (including conciliation under the WIPO rules) shall be submitted to an arbitral tribunal which alone shall have jurisdiction to decide finally, to the exclusion of the ordinary courts. Moreover, the arbitral tribunal shall alone have jurisdiction to decide on any dispute conc

The Swiss Supreme Court has held that it will not review competition law matters decided in international arbitration awards. This applies no matter what arbitrators sitting in Switzerland decide in relation to competition law questions, unless the arbitrators refuse to decide on such questions which a party submits to them.

As of January 1, 2004, the Swiss Rules of International Arbitration (the "Swiss Rules") entered into force. The Swiss Rules replace the arbitration rules issued by the Chambers of Commerce of Basle, Berne, Geneva, Ticino, Vaud and Zurich for international arbitration. The Swiss Rules are based on the UNCITRAL Arbitration Rules with certain improvements and adjustments to suit institutional arbitration.

On 10 February 2009, the Secretariat of the Competition Commission (FCC) issued a decision proposal to charge the manufacturers and distributors of male impotence drugs with price fixing.

Success rates of mediation typically exceed seventy percent, sometimes reaching eighty percent or more. Arbitration clauses increasingly require a mediation to be conducted as a preliminary step prior to arbitration. Medarb clauses are increasingly frequent, and it is probable that they will become generalized.