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Swiss Supreme Court confirms that lack of reasoning for rejecting challenge to an arbitrator does not constitute a violation of the right to be heard

25 September 2013

Authors: Nathalie Voser, Julie Raneda

In decisions 5A 68/2013 and 5A 69/2013, the Swiss Supreme Court considered an appeal against the recognition and enforcement of an award where no reasons were given by the ICC Court for rejecting an arbitrator challenge.

In two French-language decisions dated 26 July 2013, rendered in one judgment, the Swiss Supreme Court confirmed that the recognition and enforcement of a foreign arbitral award will not be refused because the ICC Court had not provided reasons when rejecting a challenge to an arbitrator.

This decision is important as it confirms the sometimes criticised practice of arbitral institutions not providing reasons when deciding whether to reject or accept the challenge to an arbitrator (Decisions 5A 68/2013 and 5A 69/2013.)

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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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