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Courts and arbitral tribunals may not rely on parties' determination of financial nature of dispute

21 March 2016

Authors: Nathalie Voser; Katherine Bell

The Swiss Supreme Court held that the question of whether a dispute is of economic interest or not must be decided by the court or arbitral tribunal. It noted that Swiss law assumes that the parties are in lesser need of protection in economic matters and should therefore be allowed greater responsibility for the legal enforcement of their rights and broader powers of disposition regarding the modalities of legal proceedings. The court concluded that it would be contradictory to this policy to permit parties to decide whether their dispute is of a financial nature or not.

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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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