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Swiss Supreme Court: inadmissibility of new arguments raised after first submission, including whether oral examination of witnesses is a fundamental procedural right

03 December 2014

Authors: Nathalie Voser, Anna Kozmenko

In a French-language decision dated 8 October 2014 and published on 30 October 2014, the Swiss Supreme Court dismissed a petition to set aside an award on the ground that the arbitral tribunal had violated the petitioner's right to be heard. The Swiss Supreme Court did not admit new evidence and arguments submitted by the petitioner in its second submission, reiterating the requirement that in appeal proceedings, all arguments and evidence be presented with the first submission. The Swiss Supreme Court also suggested, without formally deciding, that the right to be heard was not violated where, pursuant to agreed procedural rules, a party could not call a witness for examination where the other party had waived their right to cross-examination. (BGer 4A_199/2014.)

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Published in Practical Law Arbitration


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