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Does a pending criminal investigation against a witness, or setting-aside proceedings at place of arbitration, prevent enforcement in Switzerland?

26 November 2014

Authors: Nathalie Voser, James Menz

In a German-language decision dated 25 September 2014 and published on 21 October 2014, the Swiss Supreme Court decided that a criminal investigation against two witnesses for false statements was no reason to refuse enforcement of a foreign arbitral award where the witnesses' statements did not affect the arbitral award. Further, the court ruled that setting aside proceedings at the seat of arbitration that had no real prospect of success were no reason to suspend enforcement in Switzerland. (Decision 5A_165/2014.)

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Published in Practical Law Arbitration


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Elliott Geisinger
Elliott Geisinger
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Geneva


Nathalie Voser
Nathalie Voser
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Zurich


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