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Swiss Supreme Court defines the scope of arbitration clauses in the context of dept collection proceedings

02 February 2011

Authors: Nathalie Voser, Anya George

In a French-language decision dated 2 November 2010 and published on 13 December 2010, the Swiss Supreme Court ruled upon the delimitation of jurisdiction between arbitral tribunals and state courts with regard to debt enforcement proceedings. The Court confirmed that arbitral tribunals do not have jurisdiction to set aside an objection to an order for payment. Moreover, a standard arbitration clause cannot, in and of itself, be interpreted as excluding recourse to state courts for debt collection related remedies.

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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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