Right to be heard and equal treatment not violated by tribunal's considerations on enforceability of penalty clause under English law or by decision to allow belated cost submission (Swiss Supreme Court) | Practical Law

Right to be heard and equal treatment not violated by tribunal's considerations on enforceability of penalty clause under English law or by decision to allow belated cost submission (Swiss Supreme Court) | Practical Law

In a German-language decision 4A_636/2014 dated 16 March 2015 and published on 7 April 2015, the Swiss Supreme Court addressed whether an arbitral tribunal had violated the right to be heard and equal treatment when assessing the enforceability of a penalty clause under English law or allowing a belated cost submission.

Right to be heard and equal treatment not violated by tribunal's considerations on enforceability of penalty clause under English law or by decision to allow belated cost submission (Swiss Supreme Court)

by Prof Dr Nathalie Voser (Partner) and Dr Jörn Eschment (Associate), Schellenberg Wittmer Ltd (Zurich and Singapore)
Published on 22 Apr 2015 • Switzerland
In a German-language decision 4A_636/2014 dated 16 March 2015 and published on 7 April 2015, the Swiss Supreme Court addressed whether an arbitral tribunal had violated the right to be heard and equal treatment when assessing the enforceability of a penalty clause under English law or allowing a belated cost submission.