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Second award of same tribunal set aside

03 May 2016

Authors: Nathalie Voser; Anya George

In a German-­language decision dated 11 April 2016 and published on 3 May 2016, the Swiss Supreme Court allowed a challenge to a domestic award. It held that the arbitral tribunal, which was deciding on the matter on remand from the Supreme Court after its first award had been set aside, had disregarded the binding effect of the Supreme Court's previous ruling. Therefore, it considered the new award to be arbitrary and remanded the matter to the tribunal for a second time.
Although this case pertains to a domestic arbitration, it also contains some valuable lessons for international arbitration. (Decision 4A_426/2015.)

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Published in Practical Law Arbitration

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Elliott Geisinger
Elliott Geisinger

Nathalie Voser
Nathalie Voser

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