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Tavernier Tschanz | Switzerland | 22 Jul 2021

Swiss Arbitration Centre and revised Swiss Rules of International Arbitration

The Swiss Chambers' Arbitration Institution recently became a Swiss limited company and was renamed the "Swiss Arbitration Centre". It can count on the full support of the Swiss Arbitration Association, its majority shareholder. This change was accompanied by the entry into force of the revised Swiss Rules of International Arbitration. This article outlines some of the key changes that the......
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Tavernier Tschanz | European Union, Switzerland | 20 May 2021

Award upheld despite arbitral tribunal's refusal to reconsider its jurisdiction based on Achmea

In a recent decision the Supreme Court found that an arbitral tribunal had not violated the plaintiff's right to be heard or procedural public policy. The arbitral tribunal had refused to reconsider its preliminary award on jurisdiction following the European Court of Justice's judgment in Achmea. This decision emphasises that although preliminary or interim awards do not have res judicata......
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Tavernier Tschanz | Switzerland | 18 Mar 2021

Investigating arbitrator bias: extensive screening of social media not necessarily expected

The Supreme Court recently granted a request for revision and annulled a Court of Arbitration for Sport award based on justifiable doubts as to the impartiality of the presiding arbitrator. This decision clarifies that while a party may be expected, depending on the circumstances, to examine arbitrators' presence on various social media platforms, it is not required to carry out extensive......
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Tavernier Tschanz | Switzerland | 4 Feb 2021

Supreme Court annuls award which extended arbitration agreement to third-party subcontractor

The Supreme Court recently annulled a partial award on jurisdiction in which an International Chamber of Commerce arbitral tribunal in Geneva had extended the arbitration agreement to a subcontractor based on its implied consent to arbitration. This decision provides some assurances to subcontractors that they will not easily be deemed to have provided implied consent to an arbitration clause......
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Tavernier Tschanz | Switzerland | 12 Nov 2020

Article 6(1) of ECHR is not separate ground to challenge arbitral awards

In a recently published decision, the Supreme Court dismissed a challenge against an arbitral award issued by the Court of Arbitration for Sport on preliminary objections. The Supreme Court held, among other things, that Article 6(1) of the European Convention on Human Rights is not a separate ground to challenge arbitral awards rendered in Switzerland. The court also determined whether a......
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Tavernier Tschanz | Switzerland | 10 Sep 2020

Supreme Court will not review findings that parties lacked actual and common intent to arbitrate

In a recently published decision, the Supreme Court upheld an arbitral award in which the arbitral tribunal had declined jurisdiction in the absence of a valid arbitration agreement. The court confirmed that it does not review arbitral tribunals' findings as to the parties' actual and common intent to arbitrate. In addition, it held that it cannot review an arbitral tribunal's findings of......
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Tavernier Tschanz | Switzerland | 2 Jul 2020

First annulment of investment arbitration award by Supreme Court

In a recently published decision, the Supreme Court – for the first time – partially annulled an arbitral award issued in an investment arbitration. A Geneva-based arbitral tribunal, which was constituted under the United Nations Commission on International Trade Law Arbitration Rules, had wrongly declined jurisdiction to decide an investment treaty claim brought by Clorox España SL against......
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Tavernier Tschanz | Switzerland | 7 May 2020

One transaction but multiple arbitration agreements: extent of jurisdiction

The Supreme Court recently confirmed an arbitral tribunal's broad interpretation of the objective scope of an arbitration agreement contained in a quality assurance agreement (QAA) to cover disputes which were unrelated to the QAA but arose within the contractual relationship of the parties thereto.
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Tavernier Tschanz | Switzerland | 20 Feb 2020

Partial annulment of award based on ultra petita grounds

A recent case addressed the partial annulment of an award which granted damages where the prayer for relief sought only a declaration (ultra petita). In addition to confirming the well-established line of decisions on penalty and substantive public order, this decision is among the few annulments, albeit partial, of an international award by the Supreme Court.
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Tavernier Tschanz | Switzerland | 19 Dec 2019

State-owned entity's consent to arbitrate does not bind state – in principle

According to a recent Supreme Court decision, the fact that a party to an arbitration agreement is fully owned by a state is insufficient grounds to have that agreement extended to said state. Therefore, an arbitration agreement concluded by a state-owned entity does not necessarily bind the state itself. In order to do so, the arbitration agreement must be extended to the state.
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