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Lack of sufficient legal interest can lead to rejection of violation of right to be heard plea

04 September 2015

Authors: Nathalie Voser; James Menz

In a German-language decision dated 17 August 2015 and published on 4 September 2015, the Swiss Supreme Court rejected a petition to set aside an award for a number of alleged procedural violations. Among other things, the court found that the petitioner could not invoke a violation of the right to be heard for letting the opposing party introduce a new claim at the hearing where the sole arbitrator had rejected that claim. The court found that petitioner lacked sufficient legal interest.
The court also rejected the argument that the arbitrator was not independent or impartial because the petitioner had failed to properly raise this argument during the arbitration. (Decision 4A_54/2015.)

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Published in Practical Law Arbitration


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