proceedings are conducted with a healthy
sense of pragmatism: Unnecessary procedural compli-
cations and formalistic redundancies are to be avoided,
particularly if the amount in dispute is small. In principle,
the amount in dispute dictates how much time and effort
is devoted to the arbitration proceedings.
The following procedural alternatives are available:
=> Equitable award: If the
amount in dispute is below CHF 40'000.--, the arbitral tribunal
decides equitably, i.e. based on considerations of fairness
and justice, whereas disputes where the amount in dispute
exceeds CHF 40'000.-- are decided according to applicable
law. Of course, the parties are free to opt for this more
cost-effective alternative even if the amount in dispute
procedure: Proceedings concerning an amount in dispute
of CHF 100'000. -- or less are dealt with according to an
expedited procedure (shorter proceedings!).
=> Sole arbitrator or three-person
arbitral tribunal: If the parties prefer a more cost-effective
solution, they may always request that it should be a sole
arbitrator, rather than a three-person arbitral tribunal,
who should decide their case.
The availability of different options particularly benefits
disputes where the amount in dispute is small and where
thus a legally binding decision can be reached more quickly.
The central requirements of small and
medium-sized companies (i.e. speedy re-establishment
of a peaceful business relationship, time- and cost-effectiveness,
minimal effort, no mud-slinging in the media, etc.) can
thus be met.