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Application to set aside decision of the Swiss Chambers' Arbitration Institution denied

27 March 2017

Authors: Christopher Boog, Benjamin Gottlieb

In a German-language decision dated 27 January 2017, but only recently published, which was rendered in a domestic arbitration setting, the Swiss Supreme Court confirmed and clarified several general principles regarding the types of decisions that are open to challenge before the court. In particular, the Supreme Court confirmed that only arbitral awards are subject to challenge under the relevant provisions of the Swiss Code of Civil Procedure, and not decisions by arbitral institutions. The Supreme Court further confirmed that it applies a substance-over-form approach when determining whether a decision by an arbitral tribunal constitutes an award and reiterated that procedural orders are generally not subject to setting aside proceedings, unless exceptionally, they include an implied decision regarding the arbitral tribunal's jurisdiction. (Decision 4A_546/2016.)

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Elliott Geisinger

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