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Swiss Federal Tribunal rejects impartiality challenge under the New York Convention

31 August 2010

Authors: Nathalie Voser, James Menz

In a French-language decision dated 28 July and published on 17 August 2010, the Swiss Federal Tribunal confirmed enforcement of a US arbitral award in Switzerland, rejecting a challenge for impartiality of the sole arbitrator under Articles V(1 )(d) and V(2)(b) of the 1958 New York Convention. Among other things, the Federal Tribunal confirmed the principle, familiar in Swiss setting aside proceedings, that parties must raise any arbitrator independence or impartiality concerns as soon as they are actually or constructively aware of them. Also, in assessing public policy challenges to the enforcement of foreign arbitral awards or judgments, the Swiss Federal Tribunal confirmed that it applies the principle of ordre public atténué.

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Published in Practical Law Arbitration


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