Frequently asked questions
Everything you need to know about Concorda arbitration.
A clear answer to the most common questions. Still have a question? Write to us.
What is arbitration?
It is a private way of resolving disputes: an arbitrator renders a binding decision, as an alternative to the state court. The parties choose this route by mutual agreement, through a clause or a submission agreement.
Is the decision really binding?
Yes. The award is an enforceable title (art. 387 CPC), just like a judgment. It is enforced like a court decision.
Which disputes can I submit?
Civil pecuniary disputes, that is, those in which the parties are free to settle. Certain matters are excluded (residential tenancy, consumer, family law).
How much does it cost?
The base arbitration fees follow a simple, degressive scale: 8% of the amount in dispute up to CHF 50,000, then 4% up to CHF 200,000 and 2% beyond, with a minimum of CHF 500. The amount is therefore known in advance. The only additions, where applicable, are the costs of additional evidentiary measures. Costs are, as a rule, borne by the losing party (art. 384 CPC).
How long does it take?
As a rule a few weeks, depending on the complexity of the dispute and the deadlines granted to the parties for their submissions.
What is the role of AI?
AI prepares, structures and summarises the case: it extracts the allegations, draws up the matrix of admitted and contested points, and prepares drafts. The human arbitrator assesses the evidence, decides and signs. AI assists, it never decides.
Is it confidential?
Yes. The procedure, the submissions, the exhibits and the award are confidential, unlike a public trial.
How do I include the clause in my contracts?
With the free generator: it drafts a model clause that you copy into your contracts (general terms, service contracts, commercial leases, works contracts, etc.).
What if I have no clause but already a dispute?
The parties can sign a submission agreement once the dispute has arisen. The generator also produces this document.
Can I challenge the award?
Appeals are limited: an appeal to the Federal Supreme Court under the restrictive conditions of art. 393 CPC, or to the cantonal court of the seat if the parties so agree (art. 390 CPC).
Who are the arbitrators?
Independent and impartial legal professionals, appointed by Concorda. The parties may request the challenge of an arbitrator under the conditions of the rules and the law.
Is my data protected?
Yes. The processing of your data is described in our general terms of use and our Arbitration Rules.
Another question?
Our team will answer you. You can also start by generating your clause.