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Distinction made between being a party to an arbitration agreement and having standing to sue

23 March 2016

Authors: Nathalie Voser; Angelina M. Petti

The Swiss Supreme Court has rejected an application to set aside an award on jurisdiction. The court distinguished between standing to sue and be sued, and being party to an arbitration agreement, finding that the instant case did not concern jurisdictional issues.

This decision serves as a reminder that the Swiss Supreme Court will clearly separate issues of substantive law from those pertaining to jurisdiction and that the question of standing is a matter of substantive law distinguishable from the question of whether there is or is not a valid arbitration agreement sufficient to establish jurisdiction. (Decision 4A_562/2015.)

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Published in Practical Law Arbitration


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