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No violation of the right to be heard where arbitrators do not expressly mention relevant provision of substantive law

27 April 2015

Authors: Nathalie Voser; Sevim Berkcan

In a French-language decision dated 25 February 2015, made public on 7 April 2015, the Swiss Supreme Court (the Court) refused an application to set aside an award on the ground of a violation of the petitioner's right to be heard. The petitioner argued that the tribunal had failed to take into account its arguments on the interpretation of the contract.

Applying its well-established case law, the Court ruled that the circumstances in which it will admit a violation of the right to be heard were not present in this case. In particular, the Court found that, even if it did not expressly mention the relevant provision related to the interpretation of contracts under Swiss law, the arbitral tribunal had actually addressed the petitioner's position on that issue and implicitly applied the relevant principles under Swiss law (Decision 4A_486/2014).

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Published in Practical Law Arbitration


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