Header Image

No violation of a party's right to be heard where a tribunal does not address arguments that it considers to be irrelevant

14 January 2016

Author: Nathalie Voser

The Swiss Supreme Court has rejected an application to set aside an International Chamber of Commerce (ICC) award. The court held that the tribunal had not violated the petitioner's right to be heard, by deciding, for reasons of procedural economy, to limit its analysis to one decisive argument. Therefore, the court did not rule on the other argument, even though that argument was raised consistently by the petitioner during the arbitration proceedings.
This decision is noteworthy as it confirms, in no uncertain terms, the Supreme Court's long-­standing case law regarding the parties' right to a reasoned award, which, as the Supreme Court puts it in this decision, has "not changed one iota" since the 2007 Cañas decision (DFT 133 III 235). The Supreme Court underlined in this regard that, contrary to the petitioner's assertions, it was not minded to broaden the scope of its review of international arbitral awards. The court reiterated that it is not an appellate court: the scope of review of international arbitral awards has intentionally been limited by the Swiss legislator and, as such, does not entitle the Supreme Court to review a tribunal's assessment on the merits. (Decision 4A_520/2015.)

Download PDF
Published in Practical Law Arbitration



Back to overview


CONTACTS

Elliott Geisinger
Elliott Geisinger
Partner
Geneva


Nathalie Voser
Nathalie Voser
Partner
Zurich


Show team


Our International Arbitration Group

Drawing on an outstanding combination of skills and resources, Schellenberg Wittmer’s GAR30 recognized Inter-national Arbitration Group provides representation at the highest level in a broad range of complex international arbitration matters, from critical pre-arbitration injunctions to effective enforcement strategies.

For more information:

Visit Practice Area Site
Download Factsheet