Swiss Supreme Court confirms restrictive approach to "surprise" decisions by arbitral tribunals | Practical Law

Swiss Supreme Court confirms restrictive approach to "surprise" decisions by arbitral tribunals | Practical Law

In decision 4A_716/2016, the Swiss Supreme Court considered an application to set aside a Court of Arbitration for Sport (CAS) award due to an alleged "surprise" application of the law by the CAS Panel, violating the applicant's right to be heard.

Swiss Supreme Court confirms restrictive approach to "surprise" decisions by arbitral tribunals

Practical Law UK Legal Update Case Report w-006-9725 (Approx. 3 pages)

Swiss Supreme Court confirms restrictive approach to "surprise" decisions by arbitral tribunals

by Philippe Bärtsch (Partner) and Dr. Philip Wimalasena (Associate), Schellenberg Wittmer Ltd
Published on 16 Mar 2017 • Switzerland
In decision 4A_716/2016, the Swiss Supreme Court considered an application to set aside a Court of Arbitration for Sport (CAS) award due to an alleged "surprise" application of the law by the CAS Panel, violating the applicant's right to be heard.