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Swiss Supreme Court annuls award for breach of right to be heard where sole arbitrator did not to take into account a party's post-hearing brief

03 April 2012

Authors: Philippe Bärtsch, Anne-Carole Cremades

In a decision dated 31 January 2011 but only recently published, the Swiss Supreme Court set aside an award for breach of one of the parties' right to be heard on the ground that the sole arbitrator had not taken into account that party's post-hearing brief and did not address in his award two of the arguments set out in the brief which were material to the outcome of the dispute.

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Published in Practical Law Arbitration


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