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Arbitration in English

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International arbitration is the field in which English has become most firmly established in Swiss legal practice. Most international arbitrations seated in Switzerland are conducted in English, regardless of the nationality of the parties or the law applicable to the contract. Swiss arbitration law, in Chapter 12 of the Private International Law Act, allows the parties to choose the language of the proceedings. The revision of 2021 allowed briefs in English in setting-aside proceedings before the Federal Supreme Court.1 The companies of Zug use arbitration widely. The commodity traders include arbitration clauses in their trade contracts, often with seats in London, Geneva or Zurich. Holding companies and joint ventures use arbitration for shareholder disputes. Crypto projects use it for disputes with service providers and investors. The Swiss Arbitration Centre, formed in 2021 from the arbitration institutions of the Swiss chambers of commerce, administers many of these cases under rules that are available in English.2 For Zug, arbitration offers an English-language forum for disputes that the cantonal courts could hear only in German.

Notes

  1. Loyens & Loeff, "Revision of Swiss Arbitration Law effective as of January 2021", loyensloeff.com: revised Chapter 12 of the Private International Law Act in force since 1 January 2021; briefs in setting-aside proceedings before the Federal Supreme Court may be submitted in English, whereas requests to the supporting state court (juge d'appui) must still be filed in an official language at the seat of the court. Since 1 January 2025, Art. 251a para. 2 ZPO allows the cantons to admit English in such arbitration-related summary proceedings if the parties agree (Bär & Karrer, "The use of English in Swiss civil proceedings", 23 January 2025, baerkarrer.ch). ↩
  2. Sebastiano Nessi, "A Swiss '(R)Evolution': SCAI Becomes the Swiss Arbitration Centre and Enacts New Arbitration Rules", Kluwer Arbitration Blog, 15 June 2021, legalblogs.wolterskluwer.com: the Swiss Chambers' Arbitration Institution (SCAI, operating since 2012) became the Swiss Arbitration Centre on 1 June 2021, the date on which the Swiss Rules of International Arbitration 2021 entered into force; English text of the rules on swissarbitration.org. ↩

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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