Ex parte communications between party-appointed arbitrator and counsel not necessarily indicative of lack of impartiality and independence (Swiss Supreme Court) | Practical Law

Ex parte communications between party-appointed arbitrator and counsel not necessarily indicative of lack of impartiality and independence (Swiss Supreme Court) | Practical Law

In Decision 4A_292/2019, the Swiss Supreme Court rejected a challenge to annul an award made on the basis that the arbitral tribunal was irregularly composed on the ground of lack of impartiality and independence of one of the co-arbitrators. The Supreme Court held that ex parte communications between a party-appointed arbitrator and counsel are not always prohibited.

Ex parte communications between party-appointed arbitrator and counsel not necessarily indicative of lack of impartiality and independence (Swiss Supreme Court)

by Prof. Dr. Nathalie Voser (Partner) and Luka Groselj (Associate), Schellenberg Wittmer Ltd
Published on 15 Jan 2020 • Switzerland
In Decision 4A_292/2019, the Swiss Supreme Court rejected a challenge to annul an award made on the basis that the arbitral tribunal was irregularly composed on the ground of lack of impartiality and independence of one of the co-arbitrators. The Supreme Court held that ex parte communications between a party-appointed arbitrator and counsel are not always prohibited.