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Swiss Supreme Court considers effect of procedural objections not raised during arbitration

24 July 2013

Authors: Nathalie Voser, Eliane Fischer

In a German language decision 4A_476/2012, the Swiss Supreme Court considered whether to set aside an arbitral award based on procedural objections that one of the parties had not raised during the arbitration proceedings.

In a German-language decision dated 18 March 2013, the Swiss Supreme Court refused to set aside an arbitral award. As also noted in another Swiss Supreme Court decision we have reported on this week, Decision 4A_620/2012, the court confirmed, in line with its constant case law, that procedural objections must be raised during the arbitration proceedings as soon as a party becomes aware of a ground for objection, and such objections must be maintained throughout the arbitration.

The Supreme Court also considered an argument in relation to the right to be heard, and confirmed its (restrictive) practice regarding the obligation of an arbitral tribunal to avoid surprises when giving its legal reasoning in an award (Decision 4A_476/2012.)

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Published in Practical Law Arbitration


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