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Swiss Supreme Court rules on irreconcilable arbitration and forum selection clauses in a contract

03 October 2012

Authors: Nathalie Voser, Aileen Truttmann

In a French-language decision dated 20August 2012, and published on 7 September 2012, the Supreme Court, applying general contract interpretation rules, upheld the sole arbitrator's reasoning that the forum selection clause in a contract did not prevail over the arbitration clause contained in the same contract. The court confirmed that the parties must have reasonably understood that the forum selection clause concerned matters which the contract excluded from the scope of the arbitration clause.

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Published in Practical Law Arbitration


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