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Meaning of arbitrariness in domestic arbitration

28 January 2015

Authors: Nathalie Voser; Hannah Boehm

In a German language decision of 19 November 2014, the Swiss Supreme Court granted an application to set aside a domestic arbitral award on the grounds of arbitrariness. It held that an award is arbitrary from a legal point of view, if the tribunal's legal reasoning makes only cursory references to the legal principles at issue, instead of addressing them in a detailed and substantive way. (Decision 4A_190/2014.)

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Published in Practical Law Arbitration


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