Set aside application rejected based on an alleged violation of the right to be heard
23 August 2016
Authors: Nathalie Voser
; Philipp Estermann
The Swiss Supreme Court has held that the application of Swiss law in circumstances where an arbitration agreement permitted the tribunal to apply principles of ex aequo et bono (principles of equity) as well as any rule of law that it considered appropriate, did not constitute a violation of a party's right to be heard. It further held that a failure to consider a party's subsidiary argument, where that argument was irrelevant, did not breach a party's right to be heard. (Decision 4A_202/2016).
Published in Practical Law Arbitration
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