In a recent decision of the Swiss First Civil Law Court (X._____ v. Y.______, 4A_669/2012), an arbitral award was annulled on the basis that the arbitrator had violated the appellant's right to be…
Nathalie Voser and Anya George
Few Swiss cases have sparked as much debate in the arbitration community as the Swiss Supreme Court's 2009 decision in Vivendi vs. Elektrim. In that decision, the…
In a recently published decision dated 6 August 2012 (4A_119/2012), the Swiss Federal Supreme Court confirmed its own jurisprudence according to which state courts facing a jurisdictional defense…
On 27 September 2012, the Swiss Parliament adopted a motion that had been introduced earlier this year tasking the Government to prepare a report on the Swiss Arbitration Law (chapter 12 of the…
With its decision of 27 March 2012, the Swiss Federal Supreme Court held unlawful a disciplinary sanction by which FIFA threatened the football player Matuzalem with a lifetime ban in case he failed…
By Matthias Scherer and Simone Nadelhofer, LALIVE, Geneva and Zurich
The Swiss Federal Supreme Court recently published a decision rendered last addressing the enforceability of an English Worldwide…
By Matthias Scherer and Sam Moss
In a recent decision issued on 7 November 2011 on a request for annulment of a partial award on jurisdiction rendered by the Court of Arbitration for Sport (“TAS”),…
In its decision 4A_162/2011 of 20 July 2011, which was published on 2 September 2011, the Swiss Federal Supreme Court elaborated on the content of – and limits to – the right of parties to call…
In a recent decision, the Swiss Supreme Court examined whether contractual provisions contemplating certain procedural steps before initiating arbitration proceedings impacted the jurisdiction of the…
According to the rules governing domestic arbitration (Art 30 of the Concordat on Arbitration, and, as of 1 January 2011, Art. 378 of the Swiss Federal Code on Civil Procedure), a party that does not…
