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Federal Tribunal revises international arbitral award influenced by fraud

05 November 2009

Authors: Nathalie Voser, James Menz

In a decision dated 6 October 2009 and published on 16 October 2009, the Swiss Federal Tribunal granted an order for the revision of a thirteen year-old international arbitral award that was influenced by fraud. Criminal proceedings in France had established that the arbitral award had been directly influenced by false testimony designed to mislead the arbitrators. The Federal Tribunal rendered a judicium rescindens annulling the arbitral award, and remanded the case either to the original tribunal or a new tribunal to be constituted in accordance with the ICC Arbitration Rules.

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Published in Practical Law Arbitration


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