Lack of valid arbitration agreement cannot be raised for first time in enforcement proceedings (Swiss Supreme Court) | Practical Law

Lack of valid arbitration agreement cannot be raised for first time in enforcement proceedings (Swiss Supreme Court) | Practical Law

In decision 5A_441/2015, the Swiss Supreme Court considered an appeal of a decision to enforce an award in which the underlying arbitration agreement had not been signed or exchanged in writing by the parties, nor was it concluded by the parties themselves but rather by a broker.

Lack of valid arbitration agreement cannot be raised for first time in enforcement proceedings (Swiss Supreme Court)

by Prof Dr Nathalie Voser (Partner), Anne-Carole Cremades (Counsel), Schellenberg Wittmer Ltd (Zurich/Geneva)
Published on 22 Mar 2016 • Switzerland
In decision 5A_441/2015, the Swiss Supreme Court considered an appeal of a decision to enforce an award in which the underlying arbitration agreement had not been signed or exchanged in writing by the parties, nor was it concluded by the parties themselves but rather by a broker.