Swiss Supreme Court considers arbitral jurisdiction in third party context and costs incurred by state proceedings | Practical Law

Swiss Supreme Court considers arbitral jurisdiction in third party context and costs incurred by state proceedings | Practical Law

In 4A_232/2013, the Swiss Supreme Court considered whether an arbitral tribunal had jurisdiction over a claim for amounts due under a distribution agreement containing an arbitration agreement where invoices had been issued by another company and not the supplier. The Supreme Court also considered whether the arbitral tribunal had jurisdiction to grant compensation for costs incurred as a result of state court proceedings started in breach of the arbitration agreement.

Swiss Supreme Court considers arbitral jurisdiction in third party context and costs incurred by state proceedings

by PD Dr Nathalie Voser (Partner, Zurich) and Aileen Truttmann (Associate, Geneva), Schellenberg Wittmer
Published on 27 Nov 2013 • Switzerland
In 4A_232/2013, the Swiss Supreme Court considered whether an arbitral tribunal had jurisdiction over a claim for amounts due under a distribution agreement containing an arbitration agreement where invoices had been issued by another company and not the supplier. The Supreme Court also considered whether the arbitral tribunal had jurisdiction to grant compensation for costs incurred as a result of state court proceedings started in breach of the arbitration agreement.