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Swiss Supreme Court sets aside award for breach of right to be heard

29 May 2013

Authors: Nathalie Voser, Aileen Truttmann, Anya George

In decision 4A_669/2012, the Swiss Supreme Court examined whether a sole arbitrator had breached the petitioner's right to be heard by not dealing with certain arguments put forward in the arbitration.

In a French-language decision of 17 April 2013, published on 10 May 2013, the Swiss Supreme Court set aside an award, finding that the petitioner's right to be heard had been breached.

The sole arbitrator had failed to address an argument put forward by the petitioner in the arbitration in relation to the calculation of the quantum of damages claimed. The Supreme Court considered that the argument in question was potentially relevant to the outcome of the dispute and, therefore, ought to have been dealt with. (4A_669/2012.)

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Published in Practical Law Arbitration


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