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Swiss Supreme Court considers how to ascertain whether parties have entered into arbitration agreement

27 August 2014

Authors: Nathalie Voser, James Menz

In two German-language decisions, both dated 30 June 2014 and published on 23 July 2014, the Swiss Supreme Court confirmed its jurisprudence that the parties' intention to resort to arbitration must be clear and unequivocal. Here, a contractual forum selection clause in favour of a Swiss state court, complemented by a provision that the parties would resort to arbitration "if possible", was insufficient to demonstrate such an intention.

This decision will be published in the official court reporter and, as such, carries particular weight. (Decisions 4A_560/2013 and 4A_562/2013.)

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Published in Practical Law Arbitration


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