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In Germany

In for a penny, in for a pound: Arbitration clause in a framework supply agreement might extend to third parties

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The Higher Regional Court of Frankfurt (OLG) recently ruled that an arbitration clause in a framework supply agreement can also have effect vis-Ă -vis third parties benefiting from the supply agreement (decision of 2 January 2025, 26 SchH 1/23). The Court arrived at this conclusion by applying the German law concept of “supplementary contract interpretation” under Sections 133, 157 of the German Civil Code (BĂŒrgerliches Gesetzbuch “BGB”). Factual Background In 2007, the pharmaceutical manufacturer (“Alpha”) concluded…

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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 International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2024-2025 – Sweden

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A. LEGISLATION AND RULES A.1 Legislation Both international and domestic arbitration in Sweden continues to be governed by the 1999 Arbitration Act[1], to which there have been no legislative amendments. A.2 Institutions, rules and infrastructure The SCC Arbitration Institute (SCC) is the principal arbitration institute in Sweden, administering both domestic and international arbitrations. While there have been no amendments to any of the SCC’s rules, the SCC has adopted a few new policies and procedures…

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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2024-2025 – Switzerland

by , and 12 Mins Read

A. LEGISLATION AND RULES A.1 Legislation The Code of Civil Procedure of Switzerland was revised as per 1 January 2025. The revisions include some minor adaptations of the law applicable to the National Arbitration (Lex Arbitri for Arbitral Tribunals between Swiss Domiciled Parties). In particular, the new law foresees that a party can ask for the revision of an arbitral award if it gets to know subsequently relevant facts or evidence which it was unable…

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