Swiss Arbitration Decisions

Use thefull text search

or/and

Filteryour search

Found 3 result(s)

Jurisdiction of the arbitral tribunal to decide a preliminary issue not covered by the arbitration clause

November 9, 2010

The case involved a consortium agreement between an Austrian and a German company. The contract was governed by Swiss law and it contained an ICC arbitration clause with venue in Zurich.

A dispute arose and the German company was ordered to pay some amounts to the Austrian company. The German company appealed. While the opinion contains nothing fundamentally new, the following may be of interest to my Readers:

An international arbitral tribunal seating in Switzerland is generally not barred from addressing the same matter again when the award was annulled; fundamental distinction between a decision rejecting the challenge of an arbitrator by a State Court, as opposed to that of the administrative body of an arbitral institution

May 2, 2012

This very interesting opinion involved a contract governed by Swiss law for the delivery of a production line of certain materials. Ad hoc arbitration proceedings started in Geneva in January 2009. An award was issued and on December 16, 2011 I sent you the English translation of a first decision that the Federal Tribunal took in this matter on May 16, 2011. A copy of the first decision of the Federal Tribunal is enclosed and you will find here 4A_46/2011.

Valid waiver despite lack of technical accuracy of the wording

April 3, 2014

The case involved a 2006 contract for the delivery of a piece of machinery, which failed the final acceptance test upon delivery in 2007.

While the summary of the facts does not indicate which law governed the contract, there was an ICC arbitration clause with seat in Zürich and in October 2013, arbitrator Gabriel Simon upheld the claim and rejected the counterclaim.

Swiss Arbitration Decisions

Case information

Case information

Case information