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Swiss Supreme Court rules that award not automatically set aside despite inconsistencies

26 June 2013

Authors: Martin Bernet, Hannah Boehm

This French-language decision 4A_730/2012, dated 29 April 2013 and published on 24 May 2013, considered a motion to set aside an award of the Court of Arbitration for Sport (CAS) where there were inconsistencies in the unreasoned and reasoned award.

A recent Swiss Supreme Court ruling demonstrates that the court will focus on the dispositive part of an arbitral award, when determining whether or not the petitioner has a legitimate interest in having the award set aside. The court found, in this case, differences between two dispositive sections regarding credit given to the petitioner for a period of suspension, favoured the petitioner and therefore, he lacked a legitimate interest in having the award set aside.

The decision serves as reminder that even if there are obvious inconsistencies in an arbitral award, such inconsistencies do not necessarily provide sufficient grounds to set aside an award. (Decision 4A_730/2012.)

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Published in Practical Law Arbitration


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