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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.

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Published in Practical Law Arbitration


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Nathalie Voser
Nathalie Voser
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