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Arbitral tribunal's jurisdiction and established case law on doctrine of separability

07 April 2014

Authors: Nathalie Voser, Jörn Eschment

The Swiss Supreme Court has confirmed its established case law on the doctrine of separability, holding that the validity and scope of an arbitration clause, once agreed, will hardly ever be affected by the invalidity, expiry or termination of the underlying main contract. The comprehensive nature of the arbitration clause in question, as well as the lack of any substantive or temporal restrictions in its wording, were held to reflect the parties' intent to submit to the arbitral tribunal's jurisdiction the entirety of potential claims in connection with the underlying main contract. (Decision 4A_438/2013.)

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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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