One area, one clause, one dispute settled.
Concorda decides civil pecuniary disputes, those the parties are free to dispose of (art. 354 CPC). Choose your area: each page sets out the disputes concerned, the reserved matters and the clause ready to insert in your contracts.
SMEs and self-employed
Not sure which clause to use? Start from your situation and we will direct you to the Concorda field suited to your contract.
Trade and distribution
Commercial disputes between businesses are of a financial nature and freely disposable, and are therefore fully arbitrable. Even mandatory claims, such as the agent's goodwill indemnity (art. 418u CO), are arbitrable: the Federal Supreme Court has confirmed this.
See the area →Employment law
In employment law, the only reliable route is an arbitration agreement concluded more than one month after the end of the employment relationship. After that period, the claims are no longer mandatory and become fully arbitrable.
See the area →Sales contracts
Sales disputes are of a financial nature and freely disposable, and are therefore arbitrable without any particular restriction. This applies to the sale of movables as well as to the sale of real estate.
See the area →Mandate and services
Mandate and services disputes are of a financial nature and freely disposable, and are therefore arbitrable. Revocation at any time (art. 404 CO) is mandatory but does not preclude arbitration: the Federal Supreme Court has so held.
See the area →Business partners and companies
Since 1 January 2023, art. 697n CO expressly recognises the statutory arbitration clause. The company, its bodies, the members of its bodies and the shareholders may be bound by the arbitration clause.
See the area →Intellectual property
Switzerland is very favourable to IP arbitration. Intellectual property disputes are arbitrable, including infringement between parties and the validity of registered rights, with inter partes effect.
See the area →Condominium ownership (PPE)
Settle disputes of the community of co-owners by arbitration, through a clause in the administration and use rules: general meeting resolutions with financial implications, charges, renovation fund, works on the common parts.
See the area →Commercial lease
Settle commercial premises lease disputes by arbitration, without conciliation proceedings: rent, ancillary costs, return of the premises, defects, sureties, and, within the limits of mandatory law, notice and extension.
See the area →Construction
Construction is a historic field for arbitration. No special rule restricts it: contract for work, architect's or engineer's mandate, sale of materials or of real estate, everything is arbitrable between the parties.
See the area →Rights in rem
Rights in rem disputes are arbitrable between the parties in their financial dimension: easements, neighbour relations, ordinary co-ownership, real estate charges. Land register operations and authentic form remain reserved to the authorities.
See the area →Your area is not in the list?
Generate a general clause valid for all areas, or appoint an arbitrator if the dispute has already arisen.