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Appellant's contradictory behavior in breach of good faith renders annulment application inadmissible

24 February 2017

Authors: Nathalie Voser, Benjamin Gottlieb


In a French language decision of 18 January 2017, the Swiss Supreme Court declared inadmissible an application to set aside an award for violations of the right to be heard. In the award, the sole arbitrator rejected a claim for penalty payments under an alleged share purchase agreement between a Belize company and a Jordanian investment fund, based on his finding that the defendant's signature on the agreement was forged. Therefore, there was no valid agreement between the parties. (Decision 4A_500/2015.)


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Published in Practical Law Arbitration



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Elliott Geisinger
Elliott Geisinger
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Geneva


Nathalie Voser
Nathalie Voser
Partner
Zurich


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