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Switzerland

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In Switzerland

Swiss Supreme Court confirms that there are only very limited grounds for successfully challenging arbitral awards in Switzerland

by and 2 Mins Read

On 7 August 2024, the Swiss Federal Supreme Court (“SFSC”) deliberated on the courts interpretation of an award by an arbitral tribunal seated in Switzerland (case no. 4A_34/2024 [in German]). Factual background The dispute at stake originated between a Dutch company (the claimant and subsequently appellant before the SFSC proceedings) and a German company (the respondent and defendant before the SFSC proceedings) concerning a 1985 agreement for the sale of Dutch natural gas. Over time, the parties…

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In Switzerland

Switzerland: Landmark Decision by the Swiss Federal Court on the validity of the jurisprudence of the European Court of Justice on the applicability of the Energy Charter Treaty to intra-EU investor-state disputes

by 24 Mins Read

In a decision of April 3, 2024, the Swiss Federal Supreme Court (“SFSC”) dismissed an application by Spain for an annulment of an arbitral award issued by an ad hoc-arbitral tribunal seated in Geneva. The arbitral tribunal had held that Spain had failed to accord fair and equitable treatment to a French company which had acquired and developed, through Spanish subsidiaries, twelve photovoltaic installations in Spain, and had awarded to the French investor EUR 29…

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In Europe

Baker McKenzie International Arbitration Yearbook 2023-2024 – Switzerland

by , and 19 Mins Read

A. LEGISLATION AND RULES A.1       Institutions, rules and infrastructure In light of the revised law on statutory arbitration clauses that entered into force on 1 January 2023, the Swiss Arbitration Center (SAC) has issued “Supplemental Swiss Rules for Corporate Law Disputes” (“Supplemental Swiss Rules”), supplementing the existing Swiss Rules of International Arbitration (“Swiss Rules”). The Supplemental Swiss Rules apply to all arbitration proceedings that relate to a corporate law dispute and were initiated on or after 1…

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In Europe

Publication of Supplemental Swiss Rules for Corporate Law Disputes

by 4 Mins Read

On 1 January 2023, the revised Swiss Code of Obligations (“CO”) will enter into force. The revised act includes a new article 697n, which expressly allows Swiss corporations (and by reference also limited partnerships and limited liability companies) to include a statutory arbitration clause in their articles of association. Unless otherwise stipulated, the statutory arbitration clause applies to all corporate law disputes and is binding on the company itself, the company’s governing bodies and its…

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