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Searching Content indexed under International Trade & Investment by Tavernier Tschanz ordered by Published Date Descending.
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The Swiss Law Provision Allowing Foreign Parties To Waive Their Right To Seek The Annulment Of International Arbitration Awards Is Compatible With The Fair Trial Guarantees
Article 192 of the Private International Law Act (the "PIL Act") allows the parties to waive all or part of the legal grounds for challenges against international awards issued in Switzerland, as long as the parties are not domiciled, seated, and have no business establishment in Switzerland.
Switzerland
26 Apr 2012
2
Unchallengeable Awards
When choosing to arbitrate in Switzerland, the parties have an option which seems to be often overlooked. They can limit, even exclude altogether, the grounds to challenge awards in court (Swiss Private International Law Act, Art. 192).
Switzerland
14 Oct 2005
3
Awards Based on Grounds not Submitted by the Parties
Awards made in Switzerland may be challenged (directly before the Supreme Court) if the arbitrators have violated the parties’ "right to be heard in adversary proceedings" (guaranteed by Articles 182(3) and 190(2)(d) of the Swiss Private International Law Act).
Switzerland
8 Nov 2004
4
The Text Evidencing An Agreement to Arbitrate Need Not Mention All The Parties Bound By The Agreement Provided There Is Consent
X, Y and Z entered into a contract containing an arbitration clause. Z initiated arbitration proceedings against X, Y and A, on the ground that A constantly intervened in the making and performance of the contract. X and Y objected to the arbitration tribunal's jurisdiction regarding A in the absence of any arbitration agreement binding X, Y and Z to A.
Switzerland
17 Mar 2004
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