Swiss Supreme Court: inadmissibility of new arguments raised after first submission, including whether oral examination of witnesses is a fundamental procedural right | Practical Law

Swiss Supreme Court: inadmissibility of new arguments raised after first submission, including whether oral examination of witnesses is a fundamental procedural right | Practical Law

In decision BGer 4A_199/2014, the Swiss Supreme Court considered a petition to set aside an award on the ground that the arbitral tribunal had violated the petitioner's right to be heard, among other things because the tribunal did not hear witnesses whose cross-examination had been waived.

Swiss Supreme Court: inadmissibility of new arguments raised after first submission, including whether oral examination of witnesses is a fundamental procedural right

by Prof. Dr. Nathalie Voser (Partner) and Dr. Anna Kozmenko (Associate), Schellenberg Wittmer Ltd (Zurich)
Published on 03 Dec 2014 • Switzerland
In decision BGer 4A_199/2014, the Swiss Supreme Court considered a petition to set aside an award on the ground that the arbitral tribunal had violated the petitioner's right to be heard, among other things because the tribunal did not hear witnesses whose cross-examination had been waived.