Arbitration is a method of dispute resolution in which the power to settle a dispute is entrusted to one or more arbitrators. The arbitral tribunal bases its powers on a private agreement between the parties to the dispute (the arbitration agreement, itself a contract) and not on the authority of a State. The arbitral tribunal conducts the proceedings and decides the case on the basis of the arbitration agreement, making a final and binding award (subject to the relatively limited possibilities of appeal to the Federal Supreme Court).

There are essentially two types of arbitration: ad hoc arbitration and institutional arbitration. Ad hoc arbitration means that the parties agree on a specific form of arbitration for a particular dispute and do not refer to any arbitration institution. In institutional arbitration, the arbitration is managed by a specific arbitration institution, in application of its own arbitration rules.

For the parties, the advantages of arbitration are, in particular, the confidentiality and flexibility of the procedure, as well as the expertise of the arbitrators. In addition, the emergency arbitration mechanism enables the parties to obtain an interim decision within a very short timeframe (generally within 14 days).

Moreover, in international commercial disputes, Swiss law is regularly chosen by the parties. Thanks to his knowledge of Swiss law of obligations and contract law, as well as consumer law and the law of the circular economy, including EU law, Dr Dario Hug is able to offer you his services as an expert or arbitrator in these areas.