Swiss Federal Supreme Court's Decision Regarding A Set-Aside Claim

PB
Pekin Bayar Mizrahi
Contributor
Pekin Bayar Mizrahi logo
Pekin Bayar Mizrahi is a top-tier law firm founded in 1946. It is a full-service firm advising clients globally on matters of Turkish law. The firm has international practice and its clients include States, large financial institutions, and transnational corporations from various sectors. The firms is honored for its work in numerous ratings.
In its decision 4A_332 / 2020 of April 1, 2021, the Swiss Federal Supreme Court dealt with a set-aside motion in respect of the replacement of an arbitrator who was alleged to be biased.
Switzerland Litigation, Mediation & Arbitration
To print this article, all you need is to be registered or login on Mondaq.com.

In its decision 4A_332 / 2020 of April 1, 2021, the Swiss Federal Supreme Court dealt with a set-aside motion in respect of the replacement of an arbitrator who was alleged to be biased.

When the former arbitrator resigned due to the allegations raised against them and the replacement arbitrator was appointed, the respondent sought the repetition of the procedural steps taken up until the resignation, on the basis that the process was tainted. However, the tribunal proceeded with trial and entered an award. In the set-aside action, the Swiss Federal Supreme Court dismissed the motion, by holding that the newly constituted tribunal was not under the duty to repeat the procedural steps taken before the resignation of the former arbitrator.

The decision is welcome as being yet another one where the Swiss Federal Supreme Court upheld the validity of an arbitral award.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Swiss Federal Supreme Court's Decision Regarding A Set-Aside Claim

Switzerland Litigation, Mediation & Arbitration
Contributor
Pekin Bayar Mizrahi logo
Pekin Bayar Mizrahi is a top-tier law firm founded in 1946. It is a full-service firm advising clients globally on matters of Turkish law. The firm has international practice and its clients include States, large financial institutions, and transnational corporations from various sectors. The firms is honored for its work in numerous ratings.
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More