Fundamental Changes Introduced by the New Swiss Rules of Mediation After the 2019 Revision – New Regulations Compatible with Singapore Convention on Mediation
Mediation, as an alternative dispute resolution method, is widely preferred by parties with disputes in many countries. For this reason, in relation to alternative dispute resolution methods including mediation, both in Anglo-American Law and in Continental European Law, various technical and legal...
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Istanbul University Press
2021-12-01
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| Series: | Public and Private International Law Bulletin |
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| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/48B241491B0A4A0A9D4682E43C30C468 |
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| author | Serpil Işık |
| author_facet | Serpil Işık |
| author_sort | Serpil Işık |
| collection | DOAJ |
| description | Mediation, as an alternative dispute resolution method, is widely preferred by parties with disputes in many countries. For this reason, in relation to alternative dispute resolution methods including mediation, both in Anglo-American Law and in Continental European Law, various technical and legal arrangements have been made. In Swiss Law, mediation gained legal ground when the Swiss Federal Code of Civil Procedure Law became effective on the 1st of January, 2011. Accordingly, in Switzerland mediation takes place as per articles 213 to 218 of the Federal Swiss Civil Procedures law. While developments related to Ad Hoc mediation were specified in Swiss law, mediation rules were also foreseen at the various Instituonal arbitration centers. Accordingly, the Swiss Chambers’ Arbitration Institution accepted mediation rules for the first time in addition to the arbitration rules in 2007. In this way, the Swiss Rules of Commercial Mediation, arranged by the Swiss Chambers were provided for those making applications in the year 2007. Furthermore, on the 1st of July 2019, the Swiss Chambers’ Arbitration Institution revised the Swiss Rules of Commercial Mediation, which they accepted in 2007. Hence, the Swiss Rules of Mediation which were revised as of the 1st of July 2019, replaced the Swiss Commercial Mediation Rules of year 2007. In the revision of the Swiss Rules of Mediation on the 1st of July 2019, developments related to the UNCITRAL United Nations Convention on International Settlement Agreements Resulting from Mediation approved on the 25th of June, 2018 have become effective. Following the 2019 revision, the Swiss Rules of Mediation have become one of the regulations bringing out rules that are in conformity with the developments foreseen in the Singapore Convention on Mediation. In our study, the aim was to reveal the fundamental changes brought up with the application of the Swiss Rules of Mediation since the 1st of July 2019. |
| format | Article |
| id | doaj-art-bd98a07e27174772b4b6912dd46c2f67 |
| institution | OA Journals |
| issn | 2667-4114 |
| language | English |
| publishDate | 2021-12-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | Public and Private International Law Bulletin |
| spelling | doaj-art-bd98a07e27174772b4b6912dd46c2f672025-08-20T02:27:05ZengIstanbul University PressPublic and Private International Law Bulletin2667-41142021-12-0141273377710.26650/ppil.2021.41.2.905016123456Fundamental Changes Introduced by the New Swiss Rules of Mediation After the 2019 Revision – New Regulations Compatible with Singapore Convention on MediationSerpil Işık0https://orcid.org/0000-0003-4329-1138İstanbul Üniversitesi, İstanbul, TürkiyeMediation, as an alternative dispute resolution method, is widely preferred by parties with disputes in many countries. For this reason, in relation to alternative dispute resolution methods including mediation, both in Anglo-American Law and in Continental European Law, various technical and legal arrangements have been made. In Swiss Law, mediation gained legal ground when the Swiss Federal Code of Civil Procedure Law became effective on the 1st of January, 2011. Accordingly, in Switzerland mediation takes place as per articles 213 to 218 of the Federal Swiss Civil Procedures law. While developments related to Ad Hoc mediation were specified in Swiss law, mediation rules were also foreseen at the various Instituonal arbitration centers. Accordingly, the Swiss Chambers’ Arbitration Institution accepted mediation rules for the first time in addition to the arbitration rules in 2007. In this way, the Swiss Rules of Commercial Mediation, arranged by the Swiss Chambers were provided for those making applications in the year 2007. Furthermore, on the 1st of July 2019, the Swiss Chambers’ Arbitration Institution revised the Swiss Rules of Commercial Mediation, which they accepted in 2007. Hence, the Swiss Rules of Mediation which were revised as of the 1st of July 2019, replaced the Swiss Commercial Mediation Rules of year 2007. In the revision of the Swiss Rules of Mediation on the 1st of July 2019, developments related to the UNCITRAL United Nations Convention on International Settlement Agreements Resulting from Mediation approved on the 25th of June, 2018 have become effective. Following the 2019 revision, the Swiss Rules of Mediation have become one of the regulations bringing out rules that are in conformity with the developments foreseen in the Singapore Convention on Mediation. In our study, the aim was to reveal the fundamental changes brought up with the application of the Swiss Rules of Mediation since the 1st of July 2019.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/48B241491B0A4A0A9D4682E43C30C468mediationinstitutional mediationswiss rules of mediation (2019)swiss chambers’ arbitration institutionsingapor convention on mediationmediation-arbitration |
| spellingShingle | Serpil Işık Fundamental Changes Introduced by the New Swiss Rules of Mediation After the 2019 Revision – New Regulations Compatible with Singapore Convention on Mediation Public and Private International Law Bulletin mediation institutional mediation swiss rules of mediation (2019) swiss chambers’ arbitration institution singapor convention on mediation mediation-arbitration |
| title | Fundamental Changes Introduced by the New Swiss Rules of Mediation After the 2019 Revision – New Regulations Compatible with Singapore Convention on Mediation |
| title_full | Fundamental Changes Introduced by the New Swiss Rules of Mediation After the 2019 Revision – New Regulations Compatible with Singapore Convention on Mediation |
| title_fullStr | Fundamental Changes Introduced by the New Swiss Rules of Mediation After the 2019 Revision – New Regulations Compatible with Singapore Convention on Mediation |
| title_full_unstemmed | Fundamental Changes Introduced by the New Swiss Rules of Mediation After the 2019 Revision – New Regulations Compatible with Singapore Convention on Mediation |
| title_short | Fundamental Changes Introduced by the New Swiss Rules of Mediation After the 2019 Revision – New Regulations Compatible with Singapore Convention on Mediation |
| title_sort | fundamental changes introduced by the new swiss rules of mediation after the 2019 revision new regulations compatible with singapore convention on mediation |
| topic | mediation institutional mediation swiss rules of mediation (2019) swiss chambers’ arbitration institution singapor convention on mediation mediation-arbitration |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/48B241491B0A4A0A9D4682E43C30C468 |
| work_keys_str_mv | AT serpilisık fundamentalchangesintroducedbythenewswissrulesofmediationafterthe2019revisionnewregulationscompatiblewithsingaporeconventiononmediation |