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Swiss Supreme Court clarifies res judicata effect of preliminary award rendered by same arbitrators in same proceedings

03 November 2014

Authors: Philippe Bärtsch, Aileen Truttmann

In a French-language decision dated 2 September 2014, made public on 1 October 2014, the Swiss Supreme Court dismissed a challenge against a final award rejecting all of the annulment grounds invoked by the petitioner.

The Swiss Supreme Court found that the petitioner was merely questioning the assessment of evidence by the arbitral tribunal and/or disputing a preliminary award that the same arbitral tribunal had previously rendered in the same case, which the petitioner had already unsuccessfully challenged before the Swiss Supreme Court. In that context, the Swiss Supreme Court noted that an arbitral tribunal, when rendering its final award, was bound by a preliminary award previously rendered in the same proceedings.

Accordingly, the Swiss Supreme Court would not examine, in the context of a challenge against a final award, the petitioner's arguments seeking to challenge or question a preliminary award rendered by the same tribunal. (Decision 4A_606/2013.)

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Published in Practical Law Arbitration

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