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Ongoing international arbitration discontinued vis-a-vis insolvent co-respondent

13 August 2008

Authors: Nathalie Voser, Petra Rihar

On 31 March 2009, the Swiss Federal Supreme Court, in a 3 to 2 decision (published on 29 May 2009) refused to set aside an interim award of an ICC arbitral tribunal with its seat in Geneva, declaring that an ongoing international arbitration was discontinued vis-a-vis the co-respondent Elektrim SA, a Polish company which became insolvent during the arbitration proceedings.

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Published in Practical Law Arbitration


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