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Federal Tribunal confirms that contradictions in an award do not violate public policy

26 March 2010

Authors: Nathalie Voser, Sonja Stark-Traber

In a decision dated 15 February 2010 and published on 18 March 2010, the Swiss Federal Tribunal rejected a petition to set aside an ICC award for ultra or extra petita (going beyond what was sought by the claimant or granting relief different from that sought), for violation of public policy and for violation of the right to be heard. The Federal Tribunal held that an intrinsic contradiction in an award does not render the award contrary to substantive public policy such as to justify the annulment of the award under Article 190(2)(e) of the Swiss Federal Statute on Private International Law.

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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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