Arbitration Case Digest

Arbitral tribunal competent to investigate jurisdiction of its own volition where respondent fails to participate

20.11.2020

Case Number: 4A_618/2019 (17 September 2020)

Arbitral tribunal competent to investigate jurisdiction of its own volition where respondent fails to participate

In a recently published French-language decision, the Swiss Supreme Court dismissed an application to set aside a Court of Arbitration for Sport (CAS) award that had declined jurisdiction. The court found that the arbitrator was entitled to make investigations of fact of its own volition with regard to matters relevant to determine its jurisdiction in a case where the respondent failed to participate.

 

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