Swiss Supreme Court on "surprise" jurisprudence and its application to foreign-represented parties and in sports arbitration | Practical Law

Swiss Supreme Court on "surprise" jurisprudence and its application to foreign-represented parties and in sports arbitration | Practical Law

In a German-language decision 4A_544/2013, the Swiss Supreme Court considered whether an arbitral tribunal had violated a party’s right to be heard because it relied on a provision of Swiss law which neither party had invoked.

Swiss Supreme Court on "surprise" jurisprudence and its application to foreign-represented parties and in sports arbitration

by Philippe Bärtsch (Partner) and James Menz (Counsel), Schellenberg Wittmer Ltd (Zurich)
Published on 27 Aug 2014 • Switzerland
In a German-language decision 4A_544/2013, the Swiss Supreme Court considered whether an arbitral tribunal had violated a party’s right to be heard because it relied on a provision of Swiss law which neither party had invoked.