In its decision published 21 October 2020, the Swiss Federal Supreme Court (“SFSC”) denied the revision of an arbitral award on the basis that the allegedly new facts were neither “new” nor relevant for the outcome of the arbitral proceedings (case no. 4A_36/2020 (in French)). Factual background The reported dispute originated from a distribution agreement between a German company (“A”, claimant) and an American distribution company (“B”, respondent). The agreement contained an arbitration clause incorporating…

In a recent decision published on 18 May 2020, the Swiss Federal Supreme Court (“SFSC”) upheld an arbitral award in which the arbitral tribunal had declined jurisdiction in the absence of a valid arbitration agreement (case no. 4A_418/2019 (in German)). Factual background The reported dispute stems from a trilateral agreement for the construction of a housing project between a Turkish company, an Iranian state company and an Iranian state bank. The trilateral agreement contained an…

In recent years, corporate arbitration has played only a minor role in Switzerland. One of the main reasons for this is the legal uncertainty that has prevailed with regard to the admissibility and binding effect of arbitration clauses contained in articles of incorporation. This is now likely to change: On June 19 and 26, 2020, the Swiss parliament approved a new statutory framework for the arbitration of corporate law disputes based on arbitration clauses set…