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.)
Published in Practical Law Arbitration
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