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Subjective scope of an arbitration agreement and non­-signatories

04 July 2016

Authors: Nathalie Voser; Benjamin Gottlieb

In a German­-language decision dated 6 June 2016, the Swiss Supreme Court dismissed a challenge to an arbitral tribunal's jurisdiction. It held that the arbitral tribunal had not based its decision on findings that were obviously contrary to the facts when interpreting two contracts and in deciding on the subjective scope of the arbitration agreement. In particular, the Swiss Supreme Court upheld the arbitral tribunal's decision that the rights assigned under the two contracts, especially with regard to the arbitration agreement, had been transferred to the respondent after several corporate restructurings and mergers of the original parties to the contract. The Swiss Supreme Court also rejected arguments that the arbitral tribunal had violated the petitioner's right to be heard.

While the award was rendered in the context of domestic arbitration, the Swiss Supreme Court confirmed that the prerequisites for jurisdictional challenges in domestic and international arbitration proceedings are the same. (Decision 4A_82/2016.)

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Published in Practical Law Arbitration


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