Swiss Supreme Court considers distinction between domestic and international arbitration while reaffirming restrictive interpretation of arbitrariness in domestic arbitration | Practical Law
Practical Law UK Legal Update Case Report 3-619-1407 (Approx. 5 pages)
Swiss Supreme Court considers distinction between domestic and international arbitration while reaffirming restrictive interpretation of arbitrariness in domestic arbitration
by Prof. Dr. Nathalie Voser (Partner) and Elena Trabaldo-de Mestral (Associate), Schellenberg Wittmer Ltd
In decision 4A_143/2015, the Swiss Supreme Court considered an application to set aside an award on the ground of arbitrariness in domestic arbitration proceedings. In doing so, the Swiss Supreme Court recognised that its case law, and therefore the current test for determining whether an arbitration is international or domestic in nature, has been criticised.