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Sole arbitrator did not decide ultra or extra petita by granting interest payments to only one party

31 March 2011

Authors: Nathalie Voser, Eliane Fischer

In a recent French-language decision dated 7 January 2011, published on 21 February 2011, the Swiss Supreme Court (Supreme Court) confirmed an award rendered by the sole arbitrator of the World Intellectual Property Organization's (WIPO) Arbitration and Mediation Center. The Supreme Court considered that the sole arbitrator had been justified in awarding interest on the sum due by X while refusing it on the sum due by Y, on the grounds that Y had formally requested the payment of "at least" a certain amount and had asked for interest payments in its submissions, whereas X had only formally requested a fixed amount and had not mentioned the payment of interest.

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Published in Practical Law Arbitration

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Elliott Geisinger
Elliott Geisinger

Nathalie Voser
Nathalie Voser

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