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Swiss Supreme Court confirms burden of proof for objections raised against the enforceability of an arbitral award

02 February 2012

Authors: Nathalie Voser, Eliane Fischer

In a French-language decision dated 16 December 2011, published on 6 January 2012, the Swiss Supreme Court confirmed that the party against whom the recognition and enforcement of an arbitral award is invoked carries the burden of proof for the objection that it was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present its case.

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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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