Switzerland: Arbitration & Dispute Resolution

The regulatory environment in Switzerland to date continues to be investor-friendly for the following three main reasons: (i) limited investment restrictions (a notable exception being the Federal Law on Acquisition of Real Estate (the so-called Lex Koller)...

The debate over replacing investor-State arbitration with a permanent standing investment court has moved from theory to practice, with UNCITRAL Working Group III now considering detailed draft statutes. While proponents argue that a permanent bench would reduce repeat-player incentives and improve consistency, critics warn that concentrating appointment power in States' hands, eliminating party participation in tribunal selection, and creating hierarchical appellate structures may introduce new problems of

Switzerland has spent the past decade building one of the world's most advanced legal environments for financial technology. The very features that attract fintech and blockchain ventures – early regulatory clarity, the DLT framework, a dense financial infrastructure and a strongly international client base – are now generating a steady stream of disputes of considerable legal and technical complexity. Such disputes arise from payment services, digital banking, lending platforms, crypto-assets and custody arrangements, outsourcing relationships, cybersecurity incidents and regulatory enforcement.

Legal finance partnerships are tested not at the point of capital deployment, but during the complex, multi-year enforcement phase where judgments and arbitral awards must be converted into recoverable assets. This requires more than funding—it demands endurance, cross-border expertise, and patient capital that remains aligned throughout the entire recovery process, navigating procedural challenges, asset tracing, and evolving strategies across jurisdictions.

International arbitration has become the preferred mechanism for resolving cross-border disputes in today's global economy. What makes Switzerland one of the world's most attractive arbitral seats, and why do parties consistently choose Swiss law to govern their international contracts? This analysis explores the key advantages, institutional framework, and strategic considerations that position Switzerland as a leading center for international commercial, investment, and sports arbitration.

The UNCITRAL Model Clauses on Specialised Express Dispute Resolution (SPEDR) introduce a framework for rapid, interim-binding dispute resolution in construction projects, combining expedited adjudication with compliance arbitration mechanisms. This analysis examines how SPEDR differs from traditional arbitration and FIDIC dispute boards, its potential to preserve cash flow and project continuity, and the practical considerations parties must weigh when implementing this emerging international framework.

Commercial mediation on the rise? - Yes, I think this is correct. I see this not only in my own practice, but also hear it from various colleagues.

Construction projects sit at the crossroads of law, engineering, finance, and project management.

In international contracts, parties seek above all predictability and effective control of risk. One of the most powerful contractual mechanisms to achieve both objectives...