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Swiss Supreme Court confirms validity of ambiguous arbitration clause as parties' intention to arbitrate was clear

24 September 2014

Authors: Philippe Bärtsch, Hannah Boehm

The Swiss Supreme Court has confirmed its case law that a party challenging an arbitral award must criticise the arbitral tribunal's reasoning in detail, demonstrating why its finding on jurisdiction is flawed. Furthermore, if the arbitral tribunal's finding is based on different alternative arguments, the challenging party must challenge each of them, failing which its application to have the award set aside is inadmissible. This is because the Swiss Supreme Court has no obligation to review the relevance and merits of arguments relied upon by the arbitral tribunal that have not been specifically challenged. (Decision 4A_90/2014.)

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Published in Practical Law Arbitration


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