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Recent Case Law of the Swiss federal Supreme Court in Arbitration Matters

February 2015

In 2014, the Supreme Court rendered 32 decisions on petitions to set aside international arbitral awards. This Newsletter reviews the six arguably most important cases: three decisions address issues relating to the jurisdiction of arbitrators, including where a contractual pre-arbitral step has not been complied with or where a party seeks to extend an arbitration agreement to a non-signatory; the other cases concern the arbitral tribunal’s obligation to deal with the parties’ material arguments, the scope of objections against interim awards, and res judicata in international arbitration.

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