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Annulment of ad hoc award rendered after expiry of agreed deadline (Swiss Supreme Court)

26 March 2014

Authors: Nathalie Voser, Aileen Truttmann

In a French-language decision dated 28 January 2014, made public on 14 March 2014 (and designated for publication as a leading decision), the Swiss Supreme Court granted the petitioner's request to annul an award, rendered by a sole arbitrator, in the context of an ad hoc arbitration with a Geneva seat, after the expiry of the ultimate deadline agreed by the parties for the issue of the award. The Supreme Court ruled that, by way of a tripartite agreement, the parties had accepted the sole arbitrator's proposal to resign should the award not be rendered by the given date. As the arbitrator had failed to render the award on time, his mission had expired and the award rendered thereafter should therefore be annulled. (Decision 4A_490/2013.)

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Published in Practical Law Arbitration

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Elliott Geisinger
Elliott Geisinger

Nathalie Voser
Nathalie Voser

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