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Swiss Supreme Court on right to be heard: arbitrators' duty to address all relevant arguments and unforeseeable legal grounds

21 August 2013

Authors: Nathalie Voser, Solomon Ebere

In decision 4A_188/2013, the Swiss Supreme Court considered whether an arbitral tribunal had violated the petitioner's right to be heard.

In a French-language decision of 15 July 2013, published on 31 July 2013, the Swiss Supreme Court ruled, according to its case law, that the exceptional circumstances in which it recognises a violation of the right to be heard were not present in this case. The arbitral tribunal had not failed to address the relevant arguments made by the petitioner and had not based its decision on an unexpected legal ground. (Decision 4A_188/2013.)

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Published in Practical Law Arbitration

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Elliott Geisinger
Elliott Geisinger

Nathalie Voser
Nathalie Voser

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