In a decision published on 15th June 2021, the Swiss Federal Supreme Court (“SFSC”) dismissed a challenge to set aside an arbitral award because in its view, the request to reschedule the hearing was merely intended to delay the arbitral proceedings, an intention which is not protected by the right to be heard (case no. 4A_530/2020 (in French)). Factual background In the case at stake, a dispute had arisen between the main shareholders of an…
In a decision published on 1st March 2021, the Swiss Federal Supreme Court (“SFSC”) ruled on the arbitrability…
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 set aside an arbitral award because in its view, a newly composed arbitral tribunal must not necessarily repeat all procedural steps that happened prior to its new constitution (case. no. 4A_332/2020 (in German), intended for official publication). Factual background In the case at stake, a dispute had arisen between two parties about the validity of the termination…
In its decision published 6 January 2021, the Swiss Federal Supreme Court (“SFSC”) dismissed a challenge because in…
Switzerland has revised its international arbitration law during summer 2020. The revised provisions of the 12th Chapter of…
In a recent decision published on 15 January 2021, the Swiss Federal Supreme Court (“SFSC”) upheld a request for revision of an arbitral award of the Lausanne-based Court of Arbitration for Sport (“CAS”) regarding the Chinese swimmer Sun Yang on grounds of bias and lack of impartiality of the chairman of the CAS panel (case no. 4A_318/2021 (in French)). Factual background With its decision of February 28, 2020, the CAS imposed an eight-year ban on…
In its decision published 2 November 2020, the Swiss Federal Supreme Court (“SFSC”) upheld an arbitral award referring…
SWITZERLAND Urs Zenhäusern and Joachim Frick A. LEGISLATION AND RULES A.1 Legislation On 19 June 2020, the Swiss…
In a recent decision published 13 November 2020, the Swiss Federal Supreme Court (“SFSC”) granted the appeal against the partial final award of an arbitral tribunal, with which the latter had extended the arbitration agreement to the appellant as a non-signatory party to the agreement. In the opinion of the SFSC, the appellant had not sufficiently interfered in the conclusion and execution of the underlying main contract to an extent where such inference could, in…