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Swiss Supreme Court: challenge for alleged breach of procedural principles must be raised during arbitral proceedings

02 August 2012

Authors: Nathalie Voser, Elisabeth Leimbacher

In a German-language decision dated 2 May 2012 and published on 20 June 2012, the Swiss Supreme Court confirmed that a challenge based on a breach of the principle of equal treatment and the right to be heard is only admissible if it has been raised during the arbitral proceedings. The Supreme Court also rejected the petitioner's motion that the granting of punitive damages infringed public policy (ordre public), although without examining the merits of the motion.

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Published in Practical Law Arbitration

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Elliott Geisinger
Elliott Geisinger

Nathalie Voser
Nathalie Voser

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