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Swiss Supreme Court: arbitral tribunal competent to make new award after original award annulled

05 July 2012

Authors: Anne Véronique Schlaepfer, Philippe Bärtsch

In a decision of 2 May 2012, the Swiss Supreme Court confirmed that, when an award rendered by an arbitral tribunal in Switzerland is annulled, the same arbitral tribunal remains competent to render a new award (except where the award was annulled on the ground that the arbitral tribunal was constituted irregularly or wrongly accepted jurisdiction over the dispute). In this decision, the Swiss Supreme Court also re-affirmed its established case law that the decision of the competent state court at the seat of the arbitration (the so-called juge d'appui) on the challenge of an arbitrator for alleged lack of independence or impartiality is final. Consequently, if the juge d'appui dismisses such a challenge, the same alleged lack of independence or impartiality cannot be invoked in an application to set aside a subsequent award.  Moreover, the Swiss Supreme Court confirmed its restrictive interpretation of the grounds on which an award can be set aside, in particular the public policy ground.

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Published in Practical Law Arbitration

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