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Swiss Supreme Court considers the arbitral tribunal's jurisdiction ratione personae despite valid waiver under Article 192 PILA

02 February 2012

Authors: Nathalie Voser, James Menz

In a German-language decision dated 9 December 2011 and published on 22 December 2011, the Swiss Supreme Court considered an agreement to waive setting-aside proceedings pursuant to Article 192 PILA where one party to the agreement had died and its successor-in-interest claimed not to be bound by the arbitration agreement. Despite the waiver clause, which it found valid, the Swiss Supreme Court first engaged in an inquiry whether the successor-in-interest was bound by the arbitration clause.

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Published in Practical Law Arbitration


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