Searching Content indexed under Litigation, Mediation & Arbitration by Tavernier Tschanz ordered by Published Date Descending.
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No Two-Tier Judicial Review Of Constitution Of Arbitral Tribunal
The guarantee to an independent and impartial tribunal is a fundamental tenet of justice. In the context of arbitration, it requires that national law allow the regularity of the constitution of the arbitral tribunal to be reviewed by a judicial authority (one-tier judicial review).
14 Aug 2012
The Swiss Supreme Court Vacates For The First Time An International Arbitration Award On Ground Of Substantive Public Policy Infringement
The Swiss Supreme Court has recently vacated an international arbitration award on material public policy ground under Article 190 par. 2 let. (e) of the Private International Law Act (the "PIL Act").
19 Jun 2012
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.
26 Apr 2012
Requisite Elements Of Arbitration Agreement Under Swiss Law
The Swiss Supreme Court confirmed recently its practice of constructive interpretation of pathological or ambiguous arbitration clauses.
17 Feb 2012
Can A Third-Party Beneficiary Avail Itself From The Arbitration Clause Contained In The Contract Between The Promissor And The Promissee?
With respect to arbitration agreements, the Swiss Supreme Court has constantly applied restrictively the formal requirement of the written consent to arbitrate (Private International Law Act, Art. 178 ) whilst favouring an extensive construction of the scope of such consent, sometime in derogation to the relativity of contractual obligations .
1 Nov 2011
Recent Developments In Swiss Arbitration Law
The Swiss Supreme Court has recently issued a few decisions deserving a special mention.
7 Jul 2011
Additional Award And Setting Aside Proceedings; Prayer For Relief (Case Note)
In a recent decision, the Swiss Supreme Court (the "Supreme Court") confirmed that that setting aside proceedings are also available against an additional award, including the refusal to issue an additional award.
21 Apr 2011
An Arbitrator Can Act As Umpire Then As Party-Appointed Co-Arbitrator In Successive Arbitration Proceedings Concerning The Same Dispute Without "Prima Facie" Losing His Independence
The closed-list based appointment procedure for arbitrators operating under the aegis of the Switzerland-seated Court of arbitration for sports has been under the close scrutiny of the Swiss Supreme Court in the last few years.
25 Mar 2011
Party-appointed Arbitrators and Chairman Must Meet the Same Requirement of Indepence and Impartiality
In a recent decision, the Swiss Supreme Court held that (i) the chairman and party-appointed arbitrators must comply with the same requirement of independence and impartiality; (ii) these requirements are not less stringent in sport arbitrations than they are in commercial arbitrations; (iii) the Supreme Court has jurisdiction to order the removal of an arbitrator further to a successful.challenge.
5 Feb 2011
When an Offer to Arbitrate is Binding on the Offering Party
Consent to arbitrate is the fundamental basis for arbitration. Absent this consent, arbitrators have no jurisdiction.
3 Nov 2010
Competition Switzerland - Q2 2010
The Secretariat of the Federal Competition Commission calls for fines of up to CHF 25.5 million against companies in the perfume and cosmetics sector for alleged cartel activities.
22 Jul 2010
First Annulment of International Arbitration Award on Ground of Infringement of Procedural Public Policy
International arbitration tribunals seated in Switzerland enjoy a considerable leeway when conducting arbitration proceedings. Only under restrictive grounds would the Swiss Supreme Court interfere ex post factum.
15 Jul 2010
No Immediate Review of Arbitral Interim Measures (June 2010)
Swiss arbitration law and practice have defined a fairly clear line as to what type of decisions issued by arbitral tribunals in Switzerland can be challenged before the Swiss Supreme Court, and on what grounds.
27 May 2010
Commercial Arbitration – Jurisdiction – Public Policy - Choice of Law Provision – Material Breach
International arbitral tribunals are often requested to construe legal concepts that have no precise definition in the law governing the merits of the case. In so doing, arbitral tribunals might seek guidance from other legal systems than the law governing the case.
13 Apr 2010
Insolvency – Debt Restructuring Moratorium - "lis pendens" (1988 Lugano Convention)
The Swiss Supreme Court forced a creditor to argue simultaneously the same claim at the forum applicable to that claim and at the Swiss forum of a debt-restructuring moratorium.
4 Mar 2010
The Uneasy Relationship Between Arbitration And Bankruptcy
Incidence on an arbitration of a bankruptcy law provision that provides for a termination of any arbitration agreement in case of bankruptcy.
13 Jan 2010
Arbitration Newsletter (October 2009)
In April 2003, Swedish citizen A, residing in Italy and BVI registered Corporation Y entered into a sale and transfer agreement pertaining to the company X (the "Sale Agreement").
27 Oct 2009
Recognition In Switzerland Of A Foreign Award : In Case Of A Challenge, When Is An Award Biding?
The ex lege suspensive effect of a challenge is no bar to the recognition of the award unless the suspensive effect is confirmed in a judicial decision issued in the state where the award is challenged.
14 May 2009
Subject Matter Jurisdiction Over Separate Contracts Between The Same Parties
By changing the arbitration clause of a framework agreement, the parties did not without more change the arbitration clauses of connected contracts between the same parties if these connected contracts contained their own, different arbitration clauses.
16 May 2008
Switzerland As A Forum For Medarb
Success rates of mediation typically exceed seventy percent, sometimes reaching eighty percent or more. Arbitration clauses increasingly require a mediation to be conducted as a preliminary step prior to arbitration. Medarb clauses are increasingly frequent, and it is probable that they will become generalized.
31 Jan 2008
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