Searching Content indexed under Trials & Appeals & Compensation by Tavernier Tschanz ordered by Published Date Descending.
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Arbitrators May Decide Jurisdictional Objections That Are Already Pending Before A Foreign Court
Article 186 of the Swiss Private International Law Act (the PIL Act) reads as follows: 1. The arbitral tribunal shall decide on its own jurisdiction.
27 Apr 2007
First Swiss Decision Granting Revision
On August 29, 2006, for the first time the Swiss Supreme Court granted revision of an international arbitral award. The Court’s acceptance of an action for revision results in the annulment of the award and a direction to the arbitral tribunal to issue a new award taking into account newly discovered facts or evidence identified by the Supreme Court as being susceptible of changing the result of the original award.
7 Feb 2007
Confidentiality Of Swiss Supreme Court Review Of Arbitral Awards
Arbitration practitioners, both counsel and arbitrators, are ever conscious that their best laid plans to protect the privacy and confidentiality of an arbitration may be thwarted if a question in relation to the arbitration lands before a State court, the rules of which will often require the publication of aspects of the arbitration, such as its existence, the identity of the parties, and the facts underlying the matter in dispute.
28 Sep 2006
Arbitral Tribunals’ Decisions on Competition Law Are Unreviewable in Switzerland
The Swiss Supreme Court has held that it will not review competition law matters decided in international arbitration awards. This applies no matter what arbitrators sitting in Switzerland decide in relation to competition law questions, unless the arbitrators refuse to decide on such questions which a party submits to them.
5 May 2006
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).
14 Oct 2005
Swiss Competition Report - Reporting Period: October 04 - December 04
This article reviews developments concerning the Federal Act of October 6, 1995 on Cartels and Other Restraints of Competition (the "Competition Act"), which is enforced by the Federal Competition Commission ("FCC"). Appeals against decisions of the FCC are heard by the Appeal Commission for Competition Matters (the "Appeal Commission").
27 Jan 2005
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