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Swiss Supreme Court dismisses request to set aside award due to challenges being forfeited and/or brought in bad faith

21 July 2014

Authors: Nathalie Voser, Jörn Eschment

The Swiss Supreme Court (Supreme Court) has confirmed its established case law that challenges brought against an arbitrator's nomination, an arbitral tribunal's jurisdiction, or based on the provisions of Article 190(2) of the Private International Law Act (PILA) are forfeited and in bad faith to the extent they could already have been, but were not, raised during the arbitral proceedings. In addition, the Supreme Court expressly dismissed several of the petitioner's allegations as overly broad and "appellatory", and made for the sole purpose of criticising the arbitral award on the merits. Importantly, it was also held that it is not the responsibility of an arbitral tribunal to compensate for a party's inexperience and shortcomings with regard to its duty to substantiate and prove the facts of the case (for example, by asking appropriate questions where the relevant party had failed to do so). (Decision 4A_597/2013.)

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Published in Practical Law Arbitration


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