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Landmark decision of the Swiss Supreme Court on the effect of a foreign insolvency on arbitration proceedings in Switzerland

06 December 2012

Authors: Nathalie Voser, Anya George

In a landmark German-language decision of 16 October 2012, the Swiss Supreme Court ruled that the insolvency of the Portuguese respondent did not affect its capacity to be a party in an arbitration seated in Switzerland. In its detailed conclusions, the Supreme Court revisited its decision in Vivendi v Elektrim and addressed the criticism to which that decision gave rise.

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Published in Practical Law Arbitration


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