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Another leading case on res judicata: application of lex fori confirmed

24 June 2015

Authors: Nathalie Voser; Jörn Eschment

In a German-language decision 4A_633/2014, dated 29 May 2015, and published on 10 June 2015, the Swiss Supreme Court rejected a petition to set aside an award for violation of the principle of res judicata. The ruling is designated for official publication.
It confirms the previous leading case rendered in May 2014 (see Decision 4A_508/2013, referred to in Legal update, New developments on res judicata) and includes insightful reasoning regarding the application of the principles of the lex fori. It also denies any relevance of the International Law Association's 2009 Final Report on Res judicata and Arbitration for determining the scope of res judicata. (Decision 4A_633/2014.)

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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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