Swiss Supreme Court considers distinction between domestic and international arbitration while reaffirming restrictive interpretation of arbitrariness in domestic arbitration | Practical Law

Swiss Supreme Court considers distinction between domestic and international arbitration while reaffirming restrictive interpretation of arbitrariness in domestic arbitration | Practical Law

In decision 4A_143/2015, the Swiss Supreme Court considered an application to set aside an award on the ground of arbitrariness in domestic arbitration proceedings. In doing so, the Swiss Supreme Court recognised that its case law, and therefore the current test for determining whether an arbitration is international or domestic in nature, has been criticised.

Swiss Supreme Court considers distinction between domestic and international arbitration while reaffirming restrictive interpretation of arbitrariness in domestic arbitration

by Prof. Dr. Nathalie Voser (Partner) and Elena Trabaldo-de Mestral (Associate), Schellenberg Wittmer Ltd
Published on 30 Sep 2015 • Switzerland
In decision 4A_143/2015, the Swiss Supreme Court considered an application to set aside an award on the ground of arbitrariness in domestic arbitration proceedings. In doing so, the Swiss Supreme Court recognised that its case law, and therefore the current test for determining whether an arbitration is international or domestic in nature, has been criticised.