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Tribunal arbitral (social insurances)

The Tribunal arbitral settles disputes between insurers (health and accident insurance) and service providers (doctors, pharmacists, hospitals, etc.). It conducts a conciliation proceeding and, if unsuccessful, rules after allowing the parties to clarify their position.

Contacts

Address

Address

Rue de Saint-Léger 10
1205 Genève

Contact details

Desk-telephone

Opening hours
8h-12h / 13h30-16h

Mailing address

Tribunal arbitral
Case postale 1955
1211 Genève 1

Composition

Competences

The jurisdiction of the Tribunal arbitral and the proceeding relating thereto are set out in article 39 and the following articles of the law implementing the federal health insurance act (LaLAMal - J 3 05). In particular, it is competent to settle disputes between insurers and service providers (e.g. regarding the pricing of medical procedures by a doctor, etc.).

Organization

The Tribunal arbitral is composed of 1 president, 1 to 3 deputy presidents and an equal number of representatives of the insurers on the one hand and the service providers on the other.

It sits as a 3 judge panel, including the president.

It is appointed for 5 years by the State Council.

  Judges Clerks Telephone
President Catherine TAPPONNIER Christine RAVIER



 
+41 22 388 21 67



 

Deputy presidents

Doris GALEAZZI
Maya CRAMER
Jean-Louis BERARDI

Proceeding

Your actions in brief

The proceeding involves several steps:
 

Step 1: bring an action before the Tribunal arbitral

You must submit your appeal in writing, in two copies, to the Tribunal arbitral by mail or by depositing it directly at the desk of the court or the Greffe universel. It must be written in French and signed.

Your request must imperatively:

  • Specify the facts and arguments justifying your submission
  • Indicate what you wish to obtain
  • Include all the useful documents justifying your submission

 

Step 2: pay an advance on costs

At the initiation of the appeal, you must in principle pay an advance on costs ordered by the court, the amount of which varies according to the nature of the petition. These costs, including various disbursements and a fee, are to be paid by the parties.

If your resources are insufficient to ensure the defence of your interests in court, you can request legal aid.

 

Step 3: conduct of the proceeding

If the case has not been submitted to a conciliation body provided for by agreement, the president of the Court shall attempt to conciliate the parties.

If the conciliation fails, the Court rules after allowing the parties to clarify their position, either orally or through an exchange of written submissions. It may order any useful probationary measure.

 

Step 4: end of the proceeding

The substantiated decisions (judgments) are sent to you by registered mail.

Questions/answers

Parties whose examination has been ordered must appear in person; legal entities must appoint a representative.

Even when the examination has not been ordered, it is advisable to attend hearings held before the Chambre des assurances sociales de la Cour de justice in person.

Witnesses are required to appear personally.

If your resources are insufficient to defend your interests in court, you may, under certain conditions, be eligible for legal aid. This financial aid is not free of charge.

It consists mainly of partial or total payment of lawyers' fees and legal costs for people who do not have the necessary means to pay them. You will have to reimburse it as soon as you are able to do so.

For more information, consult the thematic guide Legal aid

 

See also

Cour de justice

The Cour de justice is the authority of appeal and last instance in the canton against decisions rendered by the criminal prosecution authority and against first instance judgments in criminal, civil and administrative matters. It also rules as a single instance when the law so provides.

Chambre des assurances sociales

The Chambre des assurances sociales rules on appeals against decisions in social insurance matters as well as on claims for payment in matters of occupational benefit schemes and the Health insurance Act. (LAMal - RS 832.10). It also rules on appeals against judgments of the Tribunal administratif de première instance in matters of complementary insurance to the accident insurance.

Public law branch

Public law courts have jurisdiction to issue a final decision concerning disputes arising between private individuals and cantonal or communal administrative authorities, autonomous corporations under public law and institutions under private law vested with state prerogatives.