Swiss Arbitration Decisions

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Request for revision of an ICC award rejected ; the Petitioner must show that it exercised proper attention and diligence in the arbitral proceedings to elucidate the facts that it deemed relevant to its case; revision is impossible if the facts relied upon by the Petitioner should have been known to it

April 30, 2012

This very interesting decision was issued by the Federal Tribunal on April 30, 2012.

No security for costs for a State party to the Hague Convention

November 23, 2017

The investor argued that per se the 1954 Convention would not prevent a state – as opposed to a private claimant or even a state entity – from being ordered to provide security for costs. Judge Kiss disagreed in a fairly detailed and convincing decision.

The right to the appointment of an expert by the arbitral tribunal is not violated where the request was not made in a timely manner and in proper form

June 14, 2011

This fairly interesting decision issued on June 14, 2011 involved a dispute between a Turkish company and its Polish contractor with regard to the construction of the boiler in an industrial power plant in Bulgaria. The pertinent contracts provided for ICC arbitration in Zurich and when a dispute arose as to the responsibility for the delays in the performance of the work, the Turkish company filed a request for arbitration.

Judicial review of international arbitral awards: limited by Art. 190 §2 PILA

July 29, 2010

The case involved a Norwegian equestrian whose horse had tested positive for Capsaicin during the 2008 Olympic Games in China. A tribunal of the Fédération Equestre Internationale (FEI) found against the equestrian, disqualified him and the horse from the Olympic Games in Beijing and deprived him of all medals and prizes. The equestrian was also fined and banned for four and a half months.

Swiss Arbitration Decisions

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