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ASA Launches Updated Version of the Arbitration Toolbox with a New First-of-its-Kind Dynamic Procedural Calendar
In October 2024, the Swiss Arbitration Association (ASA) launched an updated version of its Arbitration Toolbox, an online and interactive tool that guides a user through the various stages of an arbitration. The project was chaired by Gabrielle Nater-Bass (Homburger AG), Stefanie Pfisterer (Homburger AG) and Dilber Devitre (Homburger AG) and features contributions from Anna Masser (A&O Sherman), Swee Yen Koh (Wong Partnership), Luis Capiel (Arias SLP), Ulrike Gantenberg (Gantenberg Dispute Experts), Utku Cosar (Coşar Avukatlık Bürosu), Andrea Meier (Walder Wyss) and Carmen Núñez-Lagos (Núñez-Lagos Arbitration).
The purpose of the Toolbox is to highlight the different approaches to conducting an arbitration, thereby decrying the popular belief that “one size fits all”. The Toolbox emphasizes the flexibility of arbitral proceedings and provides guidance on which approach is advisable in a given situation. The Toolbox aims to provide practical and useful information to users on the various aspects of the arbitral process.
In order to guide the user through the various stages of an arbitration procedure, the Toolbox is organised into the following sub-sections that follow the general steps involved in an arbitration: Commencement, Organization, Written Phase, Fact Witnesses, Expert Witnesses, Hearing, Awards and Interim Measures. Users can dive into the Toolbox at any sub-section, thus making it easier for them to find the information they are looking for. Once in a given section, users can navigate their way through a series of questionnaires and decision trees to find the specific information they are looking for.
The Toolbox also includes various practical tools such as checklists and examples of procedural orders and submissions that the users can download. Likewise, “red flags” incorporated into the various sections of the Toolbox warn users about controversial and tricky issues to which special attention must be given.
The current version rolled out by ASA is the second version of the Toolbox that has been updated to keep it up to date with the latest developments in international arbitration. The new version of the Toolbox includes a Dynamic Procedural Calendar that permits users to automatically generate and download procedural calendars applicable to their arbitrations. The Toolbox thus makes the task of generating and updating a Procedural Calendar in an arbitration proceeding must easier.
Although developed under the aegis of ASA, the Swiss Association of Arbitration, the Toolbox is entirely independent of the applicable lex arbitri or the institutional rules and can thus be used by anybody, anywhere, for any arbitration, institutional or ad hoc, irrespective of the seat. Due to this and given its complementarity with the UNCITRAL Notes on Organizing Arbitral Proceedings, which also aim to make arbitration proceedings more efficient, ASA has collaborated with UNCITRAL on the Toolbox project. The Toolbox now features on the UNCITRAL website as an additional resource to the UNCITRAL Notes on Organizing Arbitral Proceedings.
The Toolbox is specifically designed for users of all levels of experience. It is available free of charge on the Internet and can be accessed here.