Swiss Arbitration Decisions

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Found 2 result(s)
October 29, 2008

The Federal Tribunal refers to two arbitrations. As it happens, I was one of the arbitrators in one of the two and it might not be fully appropriate for me to comment or criticize the decision.

Accordingly, I will simply point out the issues the Federal Tribunal dealt with:

(i) Section 3 of the opinion deals with jurisdiction. The interesting part is at 3.3.1.2 at pages 10 – 11.

Case information

Docket number: 
4A_210/2008
Original language: 
French
Published: 
2009, ASA Bulletin 309
2 SwissIntArbRep 495 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
January 24, 2017

The case involved a purchase agreement for a packing machine governed by Swiss law, containing a somewhat pathological arbitration clause providing for arbitration by “the International Chamber of Commerce of Geneva”,  yet under ICC Rules.

 
Arbitration was initiated by the Purchaser in 2014. The Respondent raised a jurisdictional defense in addition to its submissions on the merits.

Case information

Docket number: 
4A_672/2016
Original language: 
German
Published: 
36 ASA Bull 145 (2018)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: