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Blogs - Arbitration Case Digest

Arbitral tribunals' right to anticipatory evaluation of evidence confirmed

09.01.2019 – Case Number: 4A_550/2017 (1 October 2018)

In a French-language decision, the Swiss Supreme Court has refused to set aside an award dated 18 September 2017, rendered under the former version of the Swiss Rules of International Arbitration by a three-arbitrator tribunal seated in Lugano. In its award, the tribunal ordered the respondent to pay to the claimant $1.5 million on the basis of a contract which, according to the respondent, had been simulated (that is, a contract that, by mutual agreement, did not express the true intent of the parties), and was therefore invalid. The respondent subsequently applied to the Supreme Court to vacate the award, arguing that the arbitrators had violated its right to be heard and procedural public policy.