Swiss Arbitration Decisions

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No review of FET finding by the arbitral tribunal

December 14, 2017

This is the well known case of Horthel Systems BV v. Poland, initiated under the 1992 Netherlands-Poland BIT. Horthel sought damages on the basis of articles 3(1) (Fair and equitable treatment) and 5 (Deprivation of investment without compensation and discrimination). At issue was the (modified) tax regime applied by the host state.

Extension of the arbitral clause on good faith grounds

April 7, 2014

The case involved the construction of a plant for the production of aluminium foil pursuant to a 1997 contract. The completion of the project encountered several difficulties and was suspended in 2003, whereupon new agreements were entered into and the construction of the plant was entrusted to an Italian group comprised of several companies. When a counterclaim was filed, one of the companies objected to the jurisdiction of the arbitral tribunal concerning the counterclaim.

No substantive review of the assessment of the evidence

July 8, 2016

The case involved an arbitration in Lugano in which the arbitrators (chairman Francesco Trezzini with arbitrators Henry Peter and Gianluca Airaghi) appointed an expert whilst giving the parties the opportunity to submit their own expert reports.

Different between a mere procedural order and an award

November 4, 2014

The case involved a 2013 contract governed by Swiss law between a New York company and a Swiss company for the construction of a Turkish bath in a Gstaad chalet. As the price of the hammam was substantial – some USD 31 million – the contract provided for payment in various installments and contained an arbitration clause in favour of the Swiss Chambers’ Arbitration Institution rules (Swiss Rules) with venue in Geneva.

Swiss Arbitration Decisions

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