Header Image

Challenges to arbitral decisions on suspension of proceedings only possible before the Swiss Supreme Court if they are implicit decisions on jurisdiction

02 June 2011

Authors: Nathalie Voser, Patrick Rohn

In a French-language decision dated 6 April 2011, published on 26 April 2011, the Swiss Supreme Court confirmed that, as a rule, arbitral decisions on suspension of proceedings qualify as procedural orders, which cannot be challenged before the Supreme Court. Only in exceptional circumstances, if the arbitral tribunal in its decision on suspension also implicitly decides on its jurisdiction to hear the case, can the decision be challenged on the ground that the arbitral tribunal wrongfully accepted or declined its jurisdiction.

Download PDF
Published in Practical Law Arbitration


Back to overview


CONTACTS

Elliott Geisinger
Elliott Geisinger
Partner
Geneva


Nathalie Voser
Nathalie Voser
Partner
Zurich


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