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Tribunal competent to rule on preliminary questions even though not covered by arbitration clause

31 March 2011

Authors: Nathalie Voser, Aileen Truttmann

In a French-language decision dated 7 February 2011 and published on 2 March 2011, the Swiss Supreme Court (Supreme Court) dismissed a petition to set aside an award and confirmed that the arbitral tribunal was competent to rule on preliminary questions even if these questions were not covered by the arbitration clause.

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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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