This article presents the introductory remarks and the rules governing the minitrial procedure, a rapid, cost-effective, and business-like mechanism for resolving commercial disputes.
Approved by the Zurich Chamber of Commerce in 1984, the rules are designed to provide a framework for highly structured and condensed pleading of each party's case and to pave the way for either a voluntary settlement or a recommended settlement by a special panel. The panel consists of a neutral person who acts as an umpire and two associate members chosen by the disputants from among their own senior management. The associate members make independent assessments of the case. In the event a recommended settlement is required, the panel's recommendation can either be unanimous or is made by the umpire. The procedure is confidential, nonprejudicial, concentrates on essentials, and aims at maintaining a dialog between the disputing parties. By agreeing to the procedure, the parties waive their right to submit the dispute to the courts or other arbitral proceedings during the trial. They also agree to cooperate with the procedure, file their pleadings within the required time, and comply with the instructions of the panel.