ARTICLE
22 August 2025

Law Applicable To The Extension Of An Arbitral Clause: A Snake Biting Its Own Tail?

BK
Bär & Karrer

Contributor

Bär & Karrer is a renowned Swiss law firm with more than 170 lawyers in Zurich, Geneva, Lugano and Zug. Our core business is advising our clients on innovative and complex transactions and representing them in litigation, arbitration and regulatory proceedings. Our clients range from multinational corporations to private individuals in Switzerland and around the world.
On first look, the ever-growing problem of extending arbitral agreements and, through such, the jurisdiction of an arbitral tribunal, is the logical reflection of globalisation...
Switzerland Litigation, Mediation & Arbitration

On first look, the ever-growing problem of extending arbitral agreements and, through such, the jurisdiction of an arbitral tribunal, is the logical reflection of globalisation and, thus, the multiplication of cross-border disputes involving parties from different countries, and different parties involved in the dispute. Such constellations only highlight the importance of international commercial arbitration as an impartial and quick means of dispute resolution. Moreover, for tax, financial or practical reasons, an ever-increasing number of entities emerges, which sometimes renders the identification of parties in dispute quite uneasy. As a result, more and more often, arbitrators have to deal with the identification of parties at hand before entering on the merits and, where necessary and allowed, extend their jurisdiction to parties that have not actually signed the agreement.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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