Parties cannot have tribunal's assessment on merits reviewed through a challenge based on alleged violation of right to be heard
18 November 2015
Authors: Philipp Groz
; Elena Trabaldo-de Mestral
The Swiss Supreme Court has rejected an application to set aside an International Chamber of Commerce (ICC) award on the ground that the arbitrator had violated the petitioner's right to be heard. The Supreme Court held that the sole arbitrator had taken into consideration the petitioner's explanations and arguments, and that the latter's right to be heard had thus not been violated.
The decision reaffirms established principles of Swiss case law that a party cannot, under the cover of a challenge based on an alleged violation of its right to be heard and in particular on the false pretext that the arbitral tribunal has not taken into consideration arguments raised in the arbitration proceedings, have a "second bite at the apple" and have the merits of the case reassessed by the Supreme Court.
Published in Practical Law Arbitration
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