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Right to be heard not violated by arbitrator's refusal to hear witness whose evidence anticipated to be irrelevant

02 May 2012

Authors: Nathalie Voser, Petra Rihar

In two German-language decisions both dated 23 January 2012, published on 28 March 2012, the Swiss Supreme Court dismissed the petitions to set aside awards, holding, among other things, that the parties' right to be heard is not violated if an arbitrator refuses to hear a witness because he concluded by way of anticipated assessment of evidence on file that the testimony would be irrelevant to the outcome of the dispute.

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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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