In reaction to a parliamentary initiative submitted by National Councilor Christian Lüscher in March 2008 (see Legal update, Swiss National Council launches revision of Swiss arbitration law), on 27 September 2012, the Swiss Parliament requested the Swiss Federal Council (Bundesrat) to prepare a revision of the 12th Chapter of the Swiss Private International Law Act (PILA). According to the mandate of the Swiss Parliament, the revision should incorporate established case law of the Swiss Supreme Court and maintain Switzerland's position as a modern and arbitration friendly venue for international arbitration.

On 28 September 2012, the Swiss Arbitration Association (ASA) held a conference entitled "Scrutinizing the 12th Chapter of the Private International Law Act: Is the Swiss international arbitration law in need of reform?". Four panels examined the need for reform, discussing and identifying points that should be addressed as a priority during the planned revision of the Swiss law on international arbitration.

The panels identified a general consensus that the Swiss arbitration law still provides an excellent basis for international arbitration and that the revision should therefore follow the motto "as much as necessary – as little as possible". At the same time, the panel discussions demonstrated that the revision, and the surrounding debate, will provide an opportunity to address and resolve some issues which have emerged under the current law. A number of these issues will most likely be uncontroversial, such as aligning the text of the law with the current practice of the Swiss Supreme Court regarding the standard for conflict of interest. Another less obvious issue will be the possible introduction of a negative kompetenz-kompetenz principle, which was the goal of the Lüscher Inititiative and which will now have to be decided in the context of the overall revision. The lively discussion regarding this point showed that there are good arguments on both sides.

Markus Wirth and Michael Schneider rounded off the conference by highlighting the main issues discussed by the panellists and adding their useful insights and conclusions. The ASA also announced that it would establish a task force to closely follow the revision, participate in the surrounding debate and support the authorities in the revision process.