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Award cannot be challenged on ground of violation of public policy where tribunal found that bribery was not established

25 March 2015

Authors: Nathalie Voser; Elisabeth Leimbacher

In two French-language decisions, issued as one judgment, the Swiss Supreme Court dismissed a challenge based on a violation of public policy where the arbitrators did not find any conclusive evidence of corruption. The court confirmed that it cannot review the assessment of the evidence by the arbitral tribunal. Therefore, where the arbitrators considered that allegations of bribery had not been conclusively evidenced, challenging the award on the basis that the arbitral tribunal violated ordre public was doomed to fail.

With this case, the Supreme Court reaffirmed that corruption as a ground for annulment only exists where bribery was established, but was not taken into account in the award, a scenario which rarely occurs. (Decisions 4A_532/2015 and 4A_534/2014.)

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Published in Practical Law Arbitration


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