Swiss Arbitration Decisions

Use thefull text search
or/and
Filteryour search
Use double-quotes to match a sentence or a date. Format dates as follows: "month dd, yyyy". (eg.: "february 23, 2007")
Found 2 result(s)
Invalid waiver of the appeal to the Federal Tribunal through reference to finality of the award under ICC Rules ; challenge to the impartiality of an arbitrator not admissible if not raised in due time; claim of violation of public policy based on disregard of the pacta sunt servanda rule – claim rejected
January 11, 2010

The Swiss Supreme Court issued on January 11, 2010 two opinions (4A_256/2009 and 4A_258/2009) regarding appeals with very similar and involved only one context of facts. The opinions are accordingly almost identical and one need not read both of them as one will be sufficient.

Case information

Docket number: 
4A_258/2009
Original language: 
German
Published: 
28 ASA Bull 540 (2010)
Parties
Appellant: 
X.__
Respondent: 
Y.__
Counsel
Appellant: 
Mráz Michael
Respondent: 
Burkhalter Sabine
Rutz Barbara
PDF version of the translation: 
PDF icon 11 janvier 2010 4A 258 2009.pdf
Chairman: 
Kubicek Pavol
Arbitrator (s): 
Klein Boruslav
Codl Karel
Invalid waiver of the appeal to the Federal Tribunal through reference to finality of the award under ICC Rules ; challenge to the impartiality of an arbitrator not admissible if not raised in due time; claim of violation of public policy based on disregard of the pacta sunt servanda rule – claim rejected
January 11, 2010

The Swiss Supreme Court issued on January 11, 2010 (4A_258/2009) two opinions regarding appeals with very similar and involved only one context of facts. The opinions are accordingly almost identical and one need not read both of them as one will be sufficient.

Case information

Docket number: 
4A_256/2009
Original language: 
German
Published: 
28 ASA Bull 552 (2010) (extract)
Parties
Appellant: 
X.__
Respondent: 
AY.__ Holding B.V.
Counsel
Appellant: 
Mráz Michael
Respondent: 
Burkhalter Sabine
Rutz Barbara
PDF version of the translation: 
PDF icon 11 janvier 2010 4A 256 2009.pdf
Chairman: 
Kubicek Pavol
Arbitrator (s): 
Klein Boruslav
Codl Karel