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Swiss Supreme Court on "surprise" jurisprudence and its application to foreign-represented parties and in sports arbitration

27 August 2014

Authors: Philippe Bärtsch, James Menz

In a German-language decision dated 26 May 2014 and published on 24 June 2014, the Swiss Supreme Court reiterated its right-to-be-heard jurisprudence, holding that a party's rights are not violated where the tribunal applies a Swiss rule of law that was not explicitly argued by the parties but which the parties should reasonably expect to be relevant. The court also rejected the petitioner's argument that a more exacting standard should apply in the context of sports arbitration or where the arbitration involves foreign parties represented by foreign counsel. (Decision 4A_544/2013.)

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Published in Practical Law Arbitration


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