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Swiss Supreme Court confirms scope of principle of good faith

02 March 2011

Authors: Nathalie Voser, Eliane Fischer

In a recent French-language decision dated 11 January 2011 and published on 1 February 2011, the Swiss Supreme Court rejected challenges to the jurisdiction of the Court of Arbitration for Sport (CAS), It held that a letter of default threatening to bring the dispute before a state court did not amount to a tacit waiver of arbitration. Further, it confirmed that the principle of "good faith" which is one of the principles constituting substantive public policy (ordre public) is to be understood in the same way as under Article 2 of the Swiss Civil Code.

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Published in Practical Law Arbitration


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