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Swiss Federal Tribunal rejects setting aside petition for impartiality of chairman; right to be heard is not violated where "everything is ok"

03 March 2010

Authors: Nathalie Voser, James Menz

In a decision dated 6 January 2010 and published on 3 February 2010, the Swiss Federal Tribunal rejected a petition for setting aside of an ICC award for impartiality of the arbitral tribunal's chairman and for a violation of the right to be heard. The arbitral tribunal had accepted a claim prior to the deadline for receiving the petitioner's comments on that claim. The Swiss Federal Tribunal found that this Isolated incident in the course of a 4-year arbitration was insufficient to Implicate the chairman's Impartiality, especially because in this case the tribunal had later corrected its error. The petitioner's "right to be heard" claim failed because when the parties were asked at the end of the witness hearing whether they had any complaints about the arbitral procedure, the petitioner had said that "everything is ok."

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Published in Practical Law Arbitration


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