Header Image

A petition to set aside an arbitral award is not an appeal

21 July 2015

Authors: Nathalie Voser; Sevim Berkcan

In a French-language decision dated 6 May 2015, the Swiss Supreme Court refused an application to set aside an award for violation of the right to be heard and substantive public policy. It ruled that it is not for the arbitral tribunal to interpret the content of the submissions to find any alternative legal argument; the petitioner should clearly identify its legal arguments in support of its claim.
The court also held that the parties are not entitled to use the principles of pacta sunt servanda and good faith to challenge the tribunal's legal assessment, which falls outside the remit of the court in setting aside proceedings. (Decision 4A_426/2014.)

Download PDF
Published in Practical Law Arbitration


Back to overview


CONTACTS

Elliott Geisinger
Elliott Geisinger
Partner
Geneva


Nathalie Voser
Nathalie Voser
Partner
Zurich


Show team


Our International Arbitration Group

Drawing on an outstanding combination of skills and resources, Schellenberg Wittmer’s GAR30 recognized Inter-national Arbitration Group provides representation at the highest level in a broad range of complex international arbitration matters, from critical pre-arbitration injunctions to effective enforcement strategies.

For more information:

Visit Practice Area Site
Download Factsheet