Swiss Supreme Court confirms admissibility of anticipated assessment of evidence and denies violation of pacta sunt servanda and bona fides
06 September 2012
Authors: Nathalie Voser
, Aileen Truttmann
In a French-language decision dated 12 July 2012, and published on 6 August 2012, the Swiss Supreme Court ruled that the arbitral tribunal had not failed to take one of the petitioner’s arguments into account and was entitled to refuse a site inspection. Therefore, the parties' right to be heard had not been violated. Moreover, the arbitral tribunal had not violated the principles of pacta sunt servanda and bona fides.
Published in Practical Law Arbitration
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