No violation of right to be heard where arbitrator used a legal concept not directly raised by parties which could have been reasonably anticipated (Swiss Supreme Court) | Practical Law

No violation of right to be heard where arbitrator used a legal concept not directly raised by parties which could have been reasonably anticipated (Swiss Supreme Court) | Practical Law

In Decision 4A_554/2014, the Swiss Supreme Court considered an application to set aside an award on the ground of violation of the right to be heard where the sole arbitrator had based her award on a legal concept that had not been explicitly pleaded by the parties.

No violation of right to be heard where arbitrator used a legal concept not directly raised by parties which could have been reasonably anticipated (Swiss Supreme Court)

by Prof. Dr. Nathalie Voser (Partner) and Elisabeth Leimbacher (Associate), Schellenberg Wittmer Ltd (Zurich, Geneva)
Published on 11 Jun 2015 • Switzerland
In Decision 4A_554/2014, the Swiss Supreme Court considered an application to set aside an award on the ground of violation of the right to be heard where the sole arbitrator had based her award on a legal concept that had not been explicitly pleaded by the parties.