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Abstract

In the current revision of the Swiss Arbitration Act, the Swiss Government proposes soft changes to the current law. The focus lies on the inclusion of certain means established by the Swiss Federal Supreme Court’s case law (with some clarifications), the strengthening of party autonomy, and the increase of user–friendliness. The most noticeable additions are new provisions on the appointment, replacement, removal, and challenge of arbitrators, on the correction, explanation, completion, and review of arbitral awards. The approach taken by the Government, maintaining the character of the Swiss Arbitration Act as a concise law dealing only with the necessary aspects of arbitral proceedings deserves full support: “If it ain’t broke, don’t fix it”.

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