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Swiss Supreme Court considers whether right to be heard violated where arbitral award explicitly addresses relevant evidence

28 October 2013

Authors: Nathalie Voser, Jörn Eschment

In a German-language decision (4A_330/2013) dated 17 September 2013 and published on 10 October 2013, the Swiss Supreme Court considered whether a challenge to an arbitral award for violating the right to be heard would be successful where the relevant issues were expressly addressed by the arbitral award.

The Swiss Supreme Court has rejected a petition to set aside an arbitral award under Article 190(2)(d) of the Private International Law Act (PILA). It found that the petitioner's right to be heard had not been violated because the tribunal had expressly addressed the issues in question in the award. The Supreme Court reiterated that lack of reasoning in an award did not fall within any of the exhaustive grounds for setting aside an award in Article 190(2) PILA. The decision is further confirmation that a violation of the right to be heard will not be established if the award expressly deals with the relevant issues. Furthermore, even if an issue has not been explicitly addressed, a challenge will probably be dismissed in any event, because there is no right to a reasoned award. (Decision 4A_330/2013.)

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Published in Practical Law Arbitration

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Elliott Geisinger

Nathalie Voser
Nathalie Voser

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