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Swiss Supreme Court suspends request to set aside arbitral award pending outcome of appeal proceedings abroad

27 August 2014

Authors: Nathalie Voser, Jörn Eschment

The Swiss Supreme Court has suspended proceedings to set aside an award pending the outcome of an appeal before the Supreme Court of Cyprus. In doing so, it confirmed that its jurisdictional review powers include preliminary questions under foreign law, as long as the competent foreign authorities or courts have not rendered a final decision in the case. If the foreign proceedings are still in progress, the Swiss Supreme Court may, as in this case, choose to exercise judicial restraint by suspending its own proceedings to set aside an arbitral award, pending the final outcome of the foreign proceedings, with a view to avoiding conflicting decisions. (Decision 4A_118/2014.)

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Published in Practical Law Arbitration


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