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Nicole Cleis (Walder Wyss)
The End of a Saga: Swiss Federal Supreme Court Upholds Clorox v. Venezuela Final Award
July 03, 2024

On 26 April 2024, the Swiss Federal Supreme Court (“SFSC”) rendered decision 4A_486/2023, upholding the unpublished Final Award in Clorox Spain S.L. v. Bolivarian Republic of Venezuela (“Clorox v.…

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Elise Edson, Sandrina Antohi (Shearman & Sterling)
Climate Litigation and Investor-State Arbitration: Implications of the European Court of Human Rights’ Historic Ruling in KlimaSeniorinnen
April 30, 2024

On April 9, 2024, the European Court of Human Rights (“Court” or “ECtHR”) delivered its highly anticipated ruling in Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (“KlimaSeniorinnen”),…

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Petra Rihar (Rihar & Thouvenin Dispute Resolution)
2023 Year in Review: Switzerland (Part I: Scope of Arbitration Clause, Capacity of Discernment, Res Iudicata)
February 17, 2024

This post highlights the most significant arbitration-related decisions of the Swiss Federal Supreme Court ("SFSC") in 2023 that are of interest to the international arbitration community at large.…

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Petra Rihar (Rihar & Thouvenin Dispute Resolution)
2023 Year in Review: Switzerland (Part II: Enforcement and Parties’ Duty of Curiosity)
February 17, 2024

Part II of the 2023 Year in Review: Switzerland post (see Part I here) introduces new case law on the enforcement of arbitral awards. It also includes a continuation of the Swiss Federal Supreme…

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Andreas Steingruber (Swiss Legal)
Swiss Federal Supreme Court: When Does a Subsequently Discovered Ground for Challenge of an Arbitrator Become a Possible Ground for Review of an Award?
March 02, 2023

The Swiss Federal Supreme Court (the “Court”) recently outlined when a subsequently discovered ground for challenge of an arbitrator can be a possible ground for review of an award. The present post…

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Petra Rihar (Rihar & Thouvenin Dispute Resolution)
2022 Year in Review: Switzerland (Part I: Arbitrator’s Independence and Impartiality, Enforcement)
February 08, 2023

This post highlights the most significant arbitration-related developments in Switzerland in 2022 that are of interest to the international arbitration community at large. Part I focuses on the topic…

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Petra Rihar (Rihar & Thouvenin Dispute Resolution)
2022 Year in Review: Switzerland (Part II: Revision, Treaty Shopping and Legislative Developments)
February 08, 2023

This Part II of the 2022 Year in Review: Switzerland post focuses on decisions of the SFSC providing useful guidance on the remedy of revision (as in force since January 2021) and on the concept of "…

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Stefanie Pfisterer, Dilber Devitre (Homburger)
ASA Launches the Arbitration Toolbox: A First-of-its-Kind Interactive Tool in the Field of International Arbitration
November 28, 2021

In June 2020, the Swiss Arbitration Association (ASA) launched its much-awaited Arbitration Toolbox, an online and interactive tool that guides a user through the various stages of an arbitration.…

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Andrea Roth (Wartmann Merker AG)
Can an Arbitral Tribunal Award a Claim in a Different Currency Than Requested? – The Case of Switzerland
October 12, 2021

Swiss substantive law allows a debtor to pay a debt in the national currency of the place of payment even though the debt is actually owed in a foreign currency, except for cases where the contract…

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Eliane Fischer, Kevin Li (rothorn legal)
Swiss Supreme Court Clarifies Arbitrability of Claims in Insolvency Context
July 12, 2021

The economic havoc wreaked by the Covid-19 pandemic has resulted in a 10-year high of corporate bankruptcies in the United States in 2020. While bankruptcy levels across Europe have fallen amid the…

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