Header Image

Requirement under Swiss law to timely file jurisdictional objection confirmed

25 November 2015

Authors: Nathalie Voser; Katherine Bell

The Swiss Supreme Court has rejected a petition to set aside an International Chamber of Commerce (ICC) award. The Supreme Court held that, among other grounds, the petitioner had not raised his jurisdictional objection at the beginning of the arbitral proceedings and was therefore deemed to have accepted the sole arbitrator's jurisdiction.
The decision serves as a reminder that Article 186(2) of the Swiss Federal Statute on Private International Law (PILA), under which a plea of lack of jurisdiction must be raised prior to any defence on the merits, remains applicable when an arbitration seated in Switzerland is subject to the ICC Rules. The decision also demonstrates the importance for counsel to bear in mind the potential need to object to the arbitral tribunal's jurisdiction as an alternative line of argument in case the main line of arguments on the merits is not heard and the subsidiary line of argument alone triggers the jurisdictional objection. (Decision 4A_172/2015.)

Download PDF
Published in Practical Law Arbitration



Back to overview


CONTACTS

Elliott Geisinger
Elliott Geisinger
Partner
Geneva


Nathalie Voser
Nathalie Voser
Partner
Zurich


Show team


Our International Arbitration Group

Drawing on an outstanding combination of skills and resources, Schellenberg Wittmer’s GAR30 recognized Inter-national Arbitration Group provides representation at the highest level in a broad range of complex international arbitration matters, from critical pre-arbitration injunctions to effective enforcement strategies.

For more information:

Visit Practice Area Site
Download Factsheet