In a decision published on September 23, 2022, the Swiss Federal Supreme Court (“SFSC”) ruled on the request for a revision of an arbitral award rendered under the UNCITRAL Rules, in which the arbitral tribunal had rejected Croatia’s allegations of corruption (case no. 4A_69/2022 (in French)[1]). In its decision, the SFSC clarified that a broadly worded waiver clause may be interpreted to exclude the remedy of revision. General legal framework for the extraordinary remedy of…
On 1 January 2023, the revised Swiss Code of Obligations (“CO”) will enter into force. The revised act…
In a decision published on the 19th July 2022, the Swiss Federal Supreme Court (“SFSC”) denied the enforceability…
Arbitration is the most popular choice for dispute resolution in multinational commercial agreements.[1] At times, relevant arbitration clauses provide that arbitration proceedings can only be initiated after a failed attempt at an alternative dispute resolution (“ADR”). There is a broad variety of specific ADR mechanisms provided for in such multitier dispute resolution clauses. Nevertheless, a matter that commonly arises in disputes subject to such multitier dispute resolution clauses is the mandatory nature of such pre-arbitral…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Switzerland continues to be governed by Chapter 12 of…
In a decision published on 15th June 2021, the Swiss Federal Supreme Court (“SFSC”) dismissed a challenge to…
In a decision published on 1st March 2021, the Swiss Federal Supreme Court (“SFSC”) ruled on the arbitrability of a claim and the corresponding enforceability of an international arbitral award in the light of bankruptcy proceedings filed against the respondent in Switzerland (case no. 5A_910/2019 (in German)). Factual background The dispute at stake originated from an arbitral award of the London Court of International Arbitration (“LCIA”). Therein, the claimant (and subsequently defendant before the SFSC)…
With the emergence of the COVID-19 virus in early 2020, Switzerland along with many other countries introduced extensive…
In a recent decision published 1st April 2021, the Swiss Federal Supreme Court (“SFSC”) dismissed a challenge to…
In its decision published 6 January 2021, the Swiss Federal Supreme Court (“SFSC”) dismissed a challenge because in its view, the arbitrator had not violated public policy by finding in favour of a company that refused to pay commissions under an agency contract obtained through fraudulent behaviour (case no. 4A_346/2020 (in French)). Factual background The reported dispute originates from agency agreements between a principal company C and two agents, company A as well as its…