We assist and represent our clients in Arbitration and Mediation procedures in Switzerland and in foreign jurisdictions, if the underlying agreement features a corresponding Dispute Resolution Clause.
Mediation is a voluntary procedure, during which the parties work together through their conflict, under the aegis of an independent Neutral, in order to achieve a negotiated settlement which is better than their alternatives.
Unlike traditional methods such as Court Procedure or Conciliation, which focus on the conflict and dwell on past misgivings, Mediation is geared towards solutions, setting the focus on the future.
Mediation is not limited in territory or subject matter, as are traditional methods of conflict resolution. Through the sheer scope of its approach, Mediation is able to yield results which go far beyond a mere solution of the conflict at issue, as outright Business Solutions: What may begin, for example, as a dispute on patent infringement may end up in a Joint Venture for the exploitation of the technology under dispute, with cross license arrangements and the splitting of territories, unlikely to result from any traditional litigation.
Infosuisse assists and represents its clients in Mediation according to the different rules and procedures, be it in French, English or German.
For more information contact our Legal Department.
Mediation is the method par excellence to solve Disputes in the Watchmaking Industry
Arbitration is a compelling procedure through which the parties refer their dispute to a Panel of one or more arbitrators for a final and enforceable decision.
As Arbitration ousts normal State Jurisdiction in favour of a private tribunal, it requires an unambiguous written contractual basis, the Arbitration Clause or the Arbitration Agreement.
The Arbitration Clause is normally contained in the Agreement at the basis of the business relationship between the parties (Distributorship, Sale, License Agreement), whereas the Arbitration Agreement is entered into between the parties after the conflict arises. The Clause and the Agreement may also define modalities of the procedure, such as institutional arbitration (« …according to the WIPO Rules » or the « Swiss Rules on International Arbitration »). See the sample texts in our Member Space.
As a rule, the Arbitral Award is definite and universally enforceable according to the New York Convention.
Infosuisse assists and represents clients in Arbitral procedures, domestic or international, according to the different institutional setups, in French, German and English. For more information contact our Legal Department.