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Swiss Supreme Court: arbitrators cannot render enforceable decision on their own fees and costs

02 February 2011

Authors: Nathalie Voser, Patrick Rohn

In a German-language decision dated 10 November 2010 and published on 22 November 2010, the Swiss Supreme Court confirmed that arbitral decisions on advances on costs and on suspension of the proceedings qualify as procedural orders, and that such procedural orders cannot be challenged before the Supreme Court. The Supreme Court further held that arbitrators lack the power to rule on their own claim for fees and expenses because their claim for remuneration does not arise from the parties' agreement to arbitrate and, as a matter of principle, the arbitrators are not allowed to rule on their own claims. If a tribunal "orders" the parties to pay the arbitrators' fees, such an "order" only qualifies as an invoice to the parties and an invitation to pay the fees agreed under the receptum arbitri.

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Published in Practical Law Arbitration


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