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L'attractivité du toilettage du chapitre 12 de la LDIP (Andreas Bucher)

The goal of the revision of Chapter 12 of the PIL act was to reinforce Sitzerland's tradition as arbitration place and to improve its splendor by a number of small amendments. It has been the legislator's wisdom to preserve the dichotomy of two nearly identical arbitration regimes for internal and international arbitrations. New provisions have been created in respect of the procedure of appointment, challenge and revocation of arbitrators, completed with a disclosure obligation and an opening for foreign arbitral tribunals requesting support from Swiss judges to order provisional measures and gather evidence, all of them raising questions as to their meaning and operation. No thoughts have been spent on the role of the Swiss Federal Tribunal and its excessively restrictive understanding of public policy - a safeguard that is never applied and ineffective for the protection of the international sport community which is in the hands of the federations' tool called CAS/TAS.