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No violation of right to be heard if arbitral tribunal refuses to hold further hearing to remedy party's default

24 June 2015

Authors: Nathalie Voser; Sevim Berkcan

In a French-language decision dated 29 April 2015, the Swiss Supreme Court refused an application to set aside an award on the ground of a violation of the right to be heard, where the petitioner’s counsel failed to comply in time with procedural acts and did not attend the hearing. It held that any failure of a party’s counsel is considered as a failure of the party itself. It also confirmed that if a party considered that the outcome of the award would have been different, had its counsel not failed to comply with procedural acts, that party should file a lawsuit against him or her. (Decision 4A_70/2015.)

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Published in Practical Law Arbitration


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