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Jurisdictional and public policy challenge dismissed

20 January 2016

Authors: Nathalie Voser; Anya George

The Swiss Supreme Court has rejected a challenge to an arbitral award based on lack of jurisdiction and public policy grounds. The court found the petitioner was precluded from relying on the jurisdictional challenge because he had failed to raise the challenge in the arbitration proceedings. The court rejected the public policy arguments, finding that an arbitrator's failure to comply with procedural rules as agreed by the parties can only amount to breach of procedural public policy if the rules in question are "essential to ensure fair proceedings", that is, that they constitute fundamental rules of due process. The petitioner had failed to demonstrate that this was the case here. This decision serves as another a reminder that the Supreme Court will not accept a jurisdictional or public policy challenge lightly. (Decision 4A_392/2015.)

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Published in Practical Law Arbitration


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