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Swiss Supreme Court confirms conditions that apply to revision of arbitral award

27 November 2013

Authors: Nathalie Voser, Elena Trabaldo Togna

In decisions 4A_688/2012 and 4A_126/2013, the Supreme Court confirmed the grounds and time limit for applying for the revision of an arbitral award.

In a French-language decision dated 9 October 2013, which joined two requests for revision, the Supreme Court confirmed that grounds for revision have to be invoked within 90 days from their discovery. If the applicant invokes "new facts" as the basis for revision, the applicant must show that these facts existed at the time the award was rendered and that, despite its best efforts, the applicant was unable to invoke them during the arbitration. The Supreme Court reaffirmed that the lacuna in the Swiss Private International Act (which does not contain any express provision on the revision of arbitral awards), has been remedied by its case law. (Decisions 4A_688/2012 and 4A_126/2013).

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Published in Practical Law Arbitration


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