Swiss Arbitration Decisions

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A party considering itself harmed by a denial of the right to be heard forfeits its right to raise the argument when it does not do so timely in the arbitration proceedings; the question whether the prohibition of punitive damages belongs to Swiss public policy is left undecided by the Federal Tribunal

May 2, 2012

The case, dated May 2nd 2012 and of limited interest, involved a contract between a Luxemburg company specializing in the trade of metals and minerals and a licensed trading house in the Democratic Republic of Congo. The contract they concluded in 2008 was governed by Swiss law and provided for ICC arbitration in Geneva.

New arguments inadmissible in the reply

October 8, 2014

Pursuant to a 2003 Distribution Agreement, two companies entered into a relationship governed by a law other than Swiss law concerning the distribution of pharmaceuticals. The contract contained an arbitration clause and a dispute arose as to whether or not certain additional services had been performed, which caused some new products to be accepted in the country considered.

Swiss Arbitration Decisions

Case information

Case information