Header Image

Arbitrators violate right to be heard if they do not deal with material arguments by parties (Swiss Supreme Court)

05 March 2014

Authors: Nathalie Voser, James Menz

In a German-language decision dated 4 February 2014 and published on 26 February 2014, the Swiss Supreme Court held that an arbitral tribunal violated the right to be heard where it failed to address a material argument which the party had raised consistently and prominently. The party had repeatedly argued that certain claims were excluded by a contractual provision and by a contractual liability scheme. The tribunal had restated this argument in its respective summary of the parties' positions but then failed to address it in the reasoning.

The decision is noteworthy because successful challenges to arbitral awards are so rare. It also underscores that the Swiss Supreme Court, while not engaging in an appeal on the merits, looks quite closely at whether the arbitral tribunal has dealt with the parties' arguments (Decision 4A_460/2013.)

Download PDF
Published in Practical Law Arbitration

Back to overview


Elliott Geisinger
Elliott Geisinger

Nathalie Voser
Nathalie Voser

Show team

Our International Arbitration Group

Drawing on an outstanding combination of skills and resources, Schellenberg Wittmer’s GAR30 recognized Inter-national Arbitration Group provides representation at the highest level in a broad range of complex international arbitration matters, from critical pre-arbitration injunctions to effective enforcement strategies.

For more information:

Visit Practice Area Site
Download Factsheet