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Res judicata defence rejected as foreign arbitral award found not capable of recognition in Switzerland

27 May 2015

Authors: Nathalie Voser; Julie Raneda

In a French-language decision dated 26 February 2015, the Swiss Supreme Court rejected an application to set aside an award for violation of the principle of res judicata. The court confirmed that an arbitral tribunal faced with a plea of res judicata must examine, as an incidental prerequisite of res judicata, whether the relevant foreign arbitral award can be recognised in Switzerland. (Decision 4A_374/2014.)

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Published in Practical Law Arbitration


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