NEWSLETTER-2020-metin

219 ARBITRATION LAW Revisions of the Swiss International Arbitration Law* Att. Mehveş Erdem Introduction The International Arbitration Law of Switzerland is regulated un- der Chapter 12 of the Private International LawAct of 1987 (“PILA”). On 19 June 2020, the Swiss Parliament approved revisions to the PILA, which is expected to enter into force on 1 January 2021 1 . The purpose of the revisions is to reflect the Swiss Federal Supreme Court’s decisions, and to modernize and clarify the wording of some of its provisions. The PILA still maintains its well-organized and flexible nature by keeping all of its core provisions, and aims to create a more user- friendly and accessible text to non-Swiss users. This article will ad- dress its main revisions. What Has Changed? Application According to the current Article 176 of the PILA, Chapter 12 ap- plies to all arbitrations if the seat of arbitration is Switzerland and, at the time of conclusion of the arbitration agreement, at least one of the parties’ domicile or habitual residence is outside of Switzerland. Revision to the said article aims to clarify any confusion in decid- ing the seat or the domicile of the parties, whether to consider the seat/ domicile at the time of conclusion of the arbitration agreement, or at the time of the initiation of the arbitration. This confusion occurred as * Article of August, 2020 1 For the text of the revisions please see; https://www.admin.ch/opc/fr/federal-ga- zette/2020/5481.pdf.