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Reasoning of arbitral awards: a delicate balance

22 April 2014

Authors: Nathalie Voser, Julie Raneda

In a French-language decision dated 5 February 2014, the Swiss Supreme Court dismissed an application to set aside an award on the basis of various allegations of violations of the right to be heard. The court ruled that, on the facts of this case, the arbitral tribunal had not failed to take into account the arguments of the petitioner and had rejected all of its arguments, even if only implicitly. Moreover, it held that the arbitral tribunal had not violated the principle of iuria novit curia (the court knows the law).
The Supreme Court emphasised that, although an arbitral award does not need to contain reasons, the arbitral tribunal has to take into account all relevant arguments of the parties. In reviewing whether it has done so, the court will, if necessary, carry out a very detailed analysis of which facts and arguments were presented by the parties and whether or not they were dealt with explicitly or implicitly in the award. (Decision 4A_446/2013.)

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Published in Practical Law Arbitration


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