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Infra/ultra petita challenge to an award rejected in an inheritance dispute

26 November 2015

Authors: Nathalie Voser; Anya George

In a French­-language decision dated 28 October 2015 published on 26 November 2015, the Swiss Supreme Court rejected a petition to set aside an award in an inheritance dispute. The Supreme Court held that the award was neither infra nor ultra petita within the meaning of Article 190(2)(c) of the Private International Law Act (PILA).
The case, which contains a few unusual elements of fact, serves as a reminder of the Supreme Court's established case law in relation to Article 190(2)(c) PILA and demonstrates the high hurdles to be met in order to set aside an award based on that provision. (Decision 4A_218/2015.)

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Published in Practical Law Arbitration



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Elliott Geisinger
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Nathalie Voser
Nathalie Voser
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Zurich


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