Arbitral tribunal's admission of unlawfully obtained evidence did not violate procedural public policy (Swiss Supreme Court) | Practical Law

Arbitral tribunal's admission of unlawfully obtained evidence did not violate procedural public policy (Swiss Supreme Court) | Practical Law

In decisions 4A_362/2013 and 4A_448/2013, the Swiss Supreme Court considered two applications to set aside an award issued by the Court of Arbitration for Sport on grounds that it had violated public policy. In both cases, the court examined whether the admission of an illegally obtained video recording violated a fundamental Swiss rule of procedure, as well as whether a 5 year restriction on an individual’s ability to exercise his profession amounted to a fundamental violation of his personal freedom.

Arbitral tribunal's admission of unlawfully obtained evidence did not violate procedural public policy (Swiss Supreme Court)

by Dr Nathalie Voser (Partner) and Benjamin Moss (Associate), Schellenberg Wittmer (Zurich)
Published on 28 May 2014 • Switzerland
In decisions 4A_362/2013 and 4A_448/2013, the Swiss Supreme Court considered two applications to set aside an award issued by the Court of Arbitration for Sport on grounds that it had violated public policy. In both cases, the court examined whether the admission of an illegally obtained video recording violated a fundamental Swiss rule of procedure, as well as whether a 5 year restriction on an individual’s ability to exercise his profession amounted to a fundamental violation of his personal freedom.