LKK Speaking Engagement

LKK associate Silja Schaffstein was invited to speak, on 27 January 2017, at an ICC Young Arbitrators’ Forum (ICC YAF) event in Geneva. The event was organized in the wake of the release by the Swiss Federal Department of Justice (SFDJ), on 11 January 2017, of a preliminary draft bill on the revision of Chapter 12 of the Swiss Private International Law Act (PILA), the statute governing international arbitration in Switzerland.

Dr. Schaffstein was part of a panel of speakers who held roundtable discussions on specific topics and provisions in the draft bill.  Having been invited to address the topic “Different Treatment of Swiss and Non-Swiss Parties in International  Arbitration”, she examined the Swiss Supreme Court’s approach in applying Article 7 PILA (the provision governing the raising of an exceptio arbitri before the Swiss courts), which differentiates between Swiss- and foreign-seated arbitrations.

The preliminary draft bill is currently subject to a public consultation period, ending on 31 May 2017, during which all interested parties may submit comments and suggestions on the proposed amendments to Chapter 12 PILA. At the end of the consultation period, the SFDJ, taking stock of the comments received, will prepare a final draft bill which will then be submitted for review and vote in both houses of the Swiss Federal Parliament.

The program of the ICC YAF event of 27 January 2017 can be accessed via the dedicated page on the ICC website. The SFDJ’s preliminary draft bill on the revision of Chapter 12 PILA, as well as the accompanying explanatory report, can be downloaded (in French, German and Italian) from the SFDJ’s website.