Checklist: drafting a dispute resolution clause

Choose between arbitration, prior mediation and the state courts, depending on the nature of the transaction, the parties and the places of performance.
Fix the seat of the arbitration and verify that the law of the seat and the New York Convention secure enforcement of the award in the countries concerned.
Designate the applicable institution and rules, or provide for ad hoc arbitration with rules for the appointment of the arbitrators.
Determine the number of arbitrators, the language of the proceedings and the law applicable to the merits.
Make provision for interim measures, confidentiality and the allocation of costs.
Verify that the clause is compatible with the applicable mandatory rules, in particular those protecting consumers and private clients, and with the mediation requirements of the Financial Services Act.
Ensure that the parties have the capacity to enter into the clause and that their representatives are duly authorised.

For general information only. This article does not constitute legal or tax advice, does not replace advice on an individual case and creates no lawyer-client relationship. It reflects the legal position as of September 2025.

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Dr Alexander Ressos, TEP

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I am a Swiss attorney-at-law and also admitted as a solicitor in Hong Kong and in England & Wales, with almost 25 years of experience.

Together with my multilingual team, including Chinese, Japanese, Korean, Russian, Ukrainian and French native speakers, I advise companies and their owners from around the world on the full range of banking, corporate, commercial and tax law matters in Switzerland, including international tax planning, fiduciary services, and legal family office services including immigration & relocation or real estate investments. My practice has a particular focus on clients from growth and frontier markets in Greater China, Central Asia and the Caucasus, the rest of Asia, the Middle East, Africa and Latin America, and I equally advise clients from Europe and North America. Through an affiliated Swiss trust company, we also take care of the incorporation and ongoing administration of their companies and other structures, including accounting, tax returns and corporate secretarial services, and I serve as a professional director where required. With the support of a network of first-class cooperation partners, I also implement solutions worldwide.

My approach is to act as a trusted advisor who works directly with decision-makers, on an equal footing: I start from what you want to achieve and shape every structure, contract and tax decision around your commercial goals and how it improves your after-tax return. As “lawyers who make it happen”, my team and I stay involved until your company is set up, your structure is in place and your transaction has closed, and we remain available for any follow-on work that may be required. You benefit from bespoke solutions and personal attention, and sound, friendly and practical advice. We are not the lowest-cost provider in the market, nor do we intend to be; our aim is to deliver well-founded, proper solutions and excellent value for money.

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