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Procedural orders on stay of arbitral proceedings cannot be challenged except when they implicitly decide on jurisdiction

17 December 2014

Authors: Nathalie Voser, Elisabeth Leimbacher

In a French-language decision dated 4 November 2014 and published on 28 November 2014, the Swiss Supreme Court confirmed that procedural orders on the discontinuation or stay of arbitration proceedings cannot be challenged before the Swiss Supreme Court except if they implicitly rule on jurisdiction. In such circumstances they can be challenged on the ground that the arbitral tribunal wrongly affirmed or declined its jurisdiction. (Decision 4A_446/2014.)

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Published in Practical Law Arbitration



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