Arbitration Case Digest

A decision ex aequo et bono without authority may be incompatible with public policy

22.02.2022

4A_418/2021 (18 January 2022)

A decision ex aequo et bono without authority may be incompatible with public policy

In a recently published French-language decision, the Swiss Supreme Court rejected a motion to set aside an ICC partial award made under article 190(2)(e) of the Swiss Private International Law Act (PILA), which allows parties to challenge awards that are incompatible with public policy.

 

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