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Swiss Supreme Court: no review of arbitral tribunal's substantive findings in proceedings to set aside award; rights to be heard and to equal treatment overlap

19 June 2013

Authors: Nathalie Voser, Benjamin Moss

In decision 4A_672/2012, dated 23 April 2013 but only recently released, the Swiss Supreme Court considered an application to set aside an arbitral award on grounds that the tribunal breached the right to be heard and the right to equal treatment by allegedly failing to consider several important arguments made by one of the parties, resulting in incorrect findings of fact and law.

The Swiss Supreme Court re-affirmed well-established law that proceedings to set aside an arbitral award must not involve a review of the arbitral tribunal's substantive findings. Here, the applicant was challenging the arbitral tribunal's findings of fact and law.

The Supreme Court also made an interesting conceptual "clarification" that the right to be heard and the right to equal treatment substantively overlap. (Decision 4A_672/2012).

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Published in Practical Law Arbitration


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