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Award based on matters not directly addressed in submissions does not violate the right to be heard

12 August 2009

Authors: Nathalie Voser, Petra Rihar

In a decision of 9 June 2009, the Swiss Federal Supreme Court held that an arbitral award does not violate the parties' right to be heard in an adversarial proceeding if the final award is based on contractual provisions and legal rules which had been addressed indirectly by one of the parties, and where the parties reasonably should have expected the tribunal to consider such contractual provisions and legal rules in its legal assessment of the case.

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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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