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Swiss Federal Tribunal rejects arbitrator challenges

01 July 2010

Authors: Nathalie Voser

In a recent lengthy French-language decision dated 10 June 2010 and published on 14 June 2010, the Swiss Federal Tribunal ruled upon the alleged improper appointment of two arbitrators. The Tribunal rejected an impartiality challenge against the first arbitrator for lack of evidence. In relation to the second arbitrator, the Federal Tribunal confirmed that an arbitrator who has already rendered an award between the same parties and relating to the same matter in dispute may also render the final award, as long as different legal theoretical issues are involved. The Federal Tribunal also refused to set aside the award due to incompatibility with substantive public policy.

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Published in Practical Law Arbitration


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Elliott Geisinger
Elliott Geisinger
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Geneva


Nathalie Voser
Nathalie Voser
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Zurich


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