The present article explores positive law on establishment of arbitrator fees in domestic and international Swiss arbitration in light of the principle that no one may be judge of his own cause. The article notes that the principle of nemo iudex in causa sua appears to be applied more stringently to international proceedings seated in Switzerland than to Swiss domestic arbitration proceedings.
With regard to relevant legal provisions and case law, it compares cases where the arbitrators are brought to fixing their own fees with cases where such fees are fixed by a neutral third party such as an arbitral institution. Subsequently it examines the degree to which state courts exercise control over these decisions looking at potentially competent courts and applicable law.
ASA Bulletin