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Searching Content indexed under Litigation, Mediation & Arbitration by Schellenberg Wittmer Ltd ordered by Published Date Descending.
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1
Extension Of Arbitration Agreement To Non-Signatory Upheld Under New York Convention (Swiss Supreme Court)
In a recently published German-language decision, slated for publication in the official court reporter, the Swiss Supreme Court upheld a judgment in which a lower court
Switzerland
28 Jun 2019
2
Award Confirmed Despite Tribunal's Failure To Address Set-Off Defence In Dispute Between Two Attorneys-At-Law
In a recently published French-language decision, the Swiss Supreme Court dismissed an application to set aside a domestic final award rendered by a sole arbitrator in Geneva.
Switzerland
6 Jun 2019
3
Tribunal Lacked Jurisdiction As Party Had No Special Authority To Enter Into Arbitration Agreement
In a German-language decision dated 27 February 2019, but only recently published, the Swiss Supreme Court denied
Switzerland
6 Jun 2019
4
Challenge To Award On Jurisdiction In Inheritance Matter Inadmissible
In a recently published French-language decision, the Swiss Supreme Court declared that an application to set aside a preliminary award on jurisdiction rendered by a Geneva-seated tribunal was inadmissible.
Switzerland
3 Jun 2019
5
CAS Award Confirmed Despite Allegations Of A Violation Of Substantive Public Policy
In a French-language decision dated 4 March 2019, but only recently published, the Swiss Supreme Court refused to set aside an award issued by the Court of Arbitration for Sport (CAS).
Switzerland
3 Jun 2019
6
CAS Procedures Compatible With Right To A Fair Trial Except For Refusal Of Public Hearing (European Court Of Human Rights)
The European Court of Human Rights (ECHR) has held, by a majority decision, that the right to a fair trial granted under Article 6(1) of the European Convention on Human Rights (Convention) ...
Switzerland
16 Nov 2018
7
Revised HKIAC Rules To Enter Into Force On 1 November 2018
The Hong Kong International Arbitration Centre (HKIAC) Council has approved the new HKIAC Administered Arbitration Rules (the "2018 Rules") which will come into force on 1 November 2018.
Hong Kong
1 Nov 2018
8
Reducing Tribunal-Appointed Expert's Scope Of Analysis Was Compatible With Right To Be Heard (Swiss Supreme Court)
In decision 4A_505/2017, the Swiss Supreme Court rejected a challenge to set aside an award based on an alleged violation of the right to be heard and lack of impartiality of the tribunal.
Switzerland
14 Sep 2018
9
Challenge Against CAS Award Dismissed Despite Sole Arbitrator Admitting To Mistakes In Factual Findings (Swiss Supreme Court)
In decision 4A_578/2017, the Swiss Supreme Court dismissed a request by a Romanian football player to set aside an award issued by the Court of Arbitration ...
Switzerland
14 Sep 2018
10
Award Confirming Success Fee Arrangement Not In Violation Of Public Policy Although Decision May Contradict Settled Law (Swiss Supreme Court)
In decision 4A_125/2018, the Swiss Supreme Court dismissed a request by a former client of a Swiss law firm to set aside an award which confirmed that the firm could receive a contingency fee ...
Switzerland
13 Sep 2018
11
Arbitral Tribunal Does Not Act Extra Or Ultra Petita If It Limits Scope Of Declaratory Judgment By Imposing Conditions (Swiss Supreme Court)
In Decision 4A_404/2017, the Swiss Supreme Court dismissed an application to set aside an award based on the principle of extra or ultra petita.
Switzerland
13 Sep 2018
12
The SIA Standard 150:2018 For Arbitrations
The Annex contains the truly remarkable feature of the new SIA Rules, namely the urgent determination procedure.
Switzerland
31 Aug 2018
13
Challenge Against CAS Award Dismissed In A Professional Football Player's Employment-Related Dispute (Swiss Supreme Court)
In decision 4A_502/2017, the Swiss Supreme Court rejected a challenge to set aside a Court of Arbitration for Sport award based on an alleged violation of the right to be heard and breach of substantive public policy.
Switzerland
16 Aug 2018
14
Challenge To Partial Award Dismissed (Swiss Supreme Court)
In decision 4A_491/2017, the Swiss Supreme Court rejected a challenge to set aside a partial award on the grounds of violation of the right to be heard and substantive public policy.
Switzerland
16 Aug 2018
15
ICC Statistical Report: Switzerland And Swiss Law Remain Preferred Choice
On 31 July 2018, the International Chamber of Commerce (ICC) released its full statistical report for 2017.
Switzerland
14 Aug 2018
16
Revision Of The Statute Of Limitations
On 15 June 2018, the Swiss parliament passed a revision of the statute of limitations. A special category of damages was created, namely personal injuries, to which a relative limitation period of three years ...
Switzerland
10 Aug 2018
17
Swiss Supreme Court Dismisses Two Separate Challenges Against A CAS Award In Cameroonian Football Federation Saga
In a French-language decision dated 22 May 2018, the Swiss Supreme Court rejected two challenges against the same CAS award.
Switzerland
12 Jul 2018
18
Challenge Against CAS Award For Violation Of Right To Be Heard Partially Upheld
In a French-language decision dated 2 May 2018, the Swiss Supreme Court partially upheld a challenge against a Court of Arbitration for Sport (CAS) award.
Switzerland
12 Jul 2018
19
Jurisdiction To Decide Retention Claims Confirmed
In a German-language decision dated 1 May 2018, the Swiss Supreme Court rejected an application to set aside an interim award made by an ad hoc arbitration tribunal in a dispute between...
Switzerland
11 Jun 2018
20
Confirmation That Unenforceable Prior Foreign Judgment Cannot Invalidate Arbitral Award
In a French-language decision dated 18 April 2018, but only recently published, the Swiss Supreme Court dismissed a challenge to an award rendered by a three-member tribunal under...
Switzerland
11 Jun 2018
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