International Arbitration Comparative Guide

1 Legal framework

1.1 What is the relevant legislation on arbitration in your jurisdiction? Are there any significant limitations on the scope of the statutory regime – for example, does it govern oral arbitration agreements?

The relevant legislation governing international arbitration in Switzerland is Chapter 12 of the Swiss Private International Law Act (PILA), which entered into force on 1 January 1989. Since 1 January 2011, domestic arbitration has been governed by the Third Title of the Swiss Civil Procedure Code (CPC).

Both the PILA and the CPC require the arbitration agreement to fulfil minimum formal and substantive requirements in order to be valid (see also question 10).

1.2 Does this legislation differentiate between domestic arbitration and international arbitration? If so, how is each defined?