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Swiss Supreme Court finds right to be heard and equal treatment not violated by refusal to allow evidence submitted out of time pursuant to procedural rules

25 September 2013

Authors: Nathalie Voser, Jörn Eschment

In decision 4A_274/2013, the Swiss Supreme Court found that in principle, there is no violation of the right to be heard and equal treatment if an arbitral tribunal refuses to admit certain evidence submitted after the deadline, pursuant to the applicable procedural rules.

In a German-language decision dated 5 August 2013 and published on 26 August 2013, the Swiss Supreme Court was confronted with the inherent tension between its precedents that, while parties must comply with procedural deadlines, arbitral tribunals are obligated to consider a party's arguments and evidentiary submissions. In this case, the court held that the right to be heard and equal treatment is not violated where the arbitral tribunal refuses to admit evidence having concluded, based on the applicable procedural rules, that a request to produce evidence is late and that the delay is unfounded. This decision seems to further support the recent practice of the Supreme Court taking a restrictive approach towards parties failing to comply with procedural deadlines. (Decision 4A_274/2013.)

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Published in Practical Law Arbitration


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