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Challenges to arbitral decisions on suspension of proceedings only possible before the Swiss Supreme Court if they are implicit decisions on jurisdiction

02 June 2011

Authors: Nathalie Voser, Patrick Rohn

In a French-language decision dated 6 April 2011, published on 26 April 2011, the Swiss Supreme Court confirmed that, as a rule, arbitral decisions on suspension of proceedings qualify as procedural orders, which cannot be challenged before the Supreme Court. Only in exceptional circumstances, if the arbitral tribunal in its decision on suspension also implicitly decides on its jurisdiction to hear the case, can the decision be challenged on the ground that the arbitral tribunal wrongfully accepted or declined its jurisdiction.

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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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