The difficulty with IT litigation in Switzerland is multi-faceted. Information and communication technology (ICT) disputes involve a high degree of complexity and require a particular set of expertise, particularly where it concerns, for example, language structures and application program interfaces. This raises the question of whether Swiss state courts have the requisite set of skills to adjudicate IT disputes. Only four cantons (Zurich, Bern, St. Gallen and Aargau) have a specialized commercial court (Handelsgericht).

Hence, there is a considerable risk that a court will have to decide in an IT dispute with no technical expertise. As a result, in the last couple of years, several alternative dispute resolution procedures have emerged on which a previous >bratschi arbitration blog of March 2019 shed light on. ICT disputes can of course also be resolved by means of "classic" arbitration as provided, for instance, under the Swiss Rules of International Arbitration. One of the big advantages of arbitration compared with state court litigation is that the arbitrators are specialized in problems specific to ICT disputes.

In light of this emerging trend, the Institution for IT and Data Dispute Resolution (ITDR) - experts in IT and data conflict management - realized a specialized ICT arbitration and mediation arbitration clause in cooperation with SCAI. The Institution for IT and Data Dispute Resolution (ITDR) is a Swiss association based in Zurich of the network of organizations that provide Alternative Dispute Resolution (“ADR”) services in the ICT and data sector Europe-wide. The ITDR was founded in 2016 under the name SGOA-Association for ICT Conflict Management as a local branch of the Dutch association SGOA (Stichting Geschillenoplossing Automatisering). ITDR provides services for national or international IT and Data Privacy conflict resolution with ties to the Swiss jurisdiction.

SCAI has been providing arbitration services for more than 150 years. With the Swiss Rules of International Arbitration, it offers a uniform, efficient and cost-effective means of binding dispute resolution based on best practices and international standards. SCAI is known for offering expedited relief through means of the expedited procedure and emergency relief procedure as set out in the Swiss Rules of International Arbitration. As mentioned above, ICT disputes are often urgent and require exactly that kind of expedited relief offered by SCAI.

As a part of this cooperation, SCAI acts as a hub and supports ITDR primarily with knowledge and manpower in setting up and administer an arbitration. The two most important factors of the cooperation are that (i) the Swiss Rules serve as basic rules for ITDR with specifications for ICT cases and (ii) the procedures are administered by the SCAI offices based in Zurich, Geneva and Lugano. The collaboration between SCAI and ITDR allows companies entering IT and data contracts or facing IT and data disputes to resolve such disputes in the most time- and cost-efficient manner. To that effect, ITDR offers dedicated recommendations and lists of specialized arbitrators/mediators/experts on their website, together with a model arbitration, mediation and expert opinion clause to include in contracts or a specific agreement after a dispute has arisen.

The collaboration between ITDR and SCAI joins the ranks of a number of successful collaborations entered into by SCAI since 2012, such as the cooperation with the Swiss Trading and Shipping Association (STSA) entered into in 2012.

The collaboration between SCAI and ITDR was equally well received by arbitration practitioners and technical experts from the ICT field at the successful launch event that took place in Zurich early September.

More information on ITDR and the latest developments on the collaboration can be found here: >http://www.itdr.ch/