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Swiss Supreme Court: document production orders are not subject to challenge

29 May 2013

Authors: Nathalie Voser, James U. Menz

In decision 4A_596/2012, the Swiss Supreme Court considered whether document production orders are subject to challenge.

In this German-language decision dated 15 April 2013 and published on 1 May 2013, the Swiss Supreme Court decided that document production orders are not subject to challenge. However, the court did not draw a clear line between procedural orders for document production on the one hand, and orders aimed at enforcing substantive rights to document production on the other. This case should be taken into account by parties and tribunals considering a partial award requiring the production of information as a matter of a substantive claim, rather than as a matter of procedure. (4A_596/2012.)

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Published in Practical Law Arbitration


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