Remedies against Swiss awards must be sought proactively and swiftly (État A v B & C)
Arbitration analysis: État A v B & C confirms two earlier holdings of the Swiss Federal Tribunal. First, if a party considers that a Swiss arbitral award was improperly notified but nevertheless became aware of the award informally, that party must raise the issue immediately so as to allow rectification of the deficiency; failing to do so, it may not later rely on notification defects . Second, Swiss arbitral awards are null and void only in exceptional circumstances, and only where the set-aside framework does not, in general, provide adequate relief. As a rule, even where a tribunal lacks jurisdiction, its awards remain valid. Written by PD Dr Johannes Landbrecht LLB, Rechtsanwalt and barrister at Walder Wyss, Geneva.