Swiss Supreme Court: no review of arbitral tribunal's substantive findings in proceedings to set aside award; rights to be heard and to equal treatment overlap | Practical Law

Swiss Supreme Court: no review of arbitral tribunal's substantive findings in proceedings to set aside award; rights to be heard and to equal treatment overlap | Practical Law

In decision 4A_672/2012, dated 23 April 2013 but only recently released, the Swiss Supreme Court considered an application to set aside an arbitral award on grounds that the tribunal breached the right to be heard and the right to equal treatment by allegedly failing to consider several important arguments made by one of the parties, resulting in incorrect findings of fact and law.

Swiss Supreme Court: no review of arbitral tribunal's substantive findings in proceedings to set aside award; rights to be heard and to equal treatment overlap

by Dr Nathalie Voser (Partner) and Benjamin Moss (Associate), Schellenberg Wittmer (Zurich)
Published on 19 Jun 2013 • Switzerland
In decision 4A_672/2012, dated 23 April 2013 but only recently released, the Swiss Supreme Court considered an application to set aside an arbitral award on grounds that the tribunal breached the right to be heard and the right to equal treatment by allegedly failing to consider several important arguments made by one of the parties, resulting in incorrect findings of fact and law.