- Enforceability of foreign arbitral awards against bankrupt parties in Switzerland (Swiss Federal Tribunal 5A_910/2019)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Arbitration analysis: In a recently published judgment dated 1 March 2021, the Swiss Federal Tribunal (SFT), Switzerland’s highest court, discussed the arbitrability of claims against a Swiss party that goes into bankruptcy during pending arbitral proceedings abroad (in this case, London Court of International Arbitration (LCIA) arbitration proceedings). The SFT took a pro-arbitration stance in its judgment and considered that, in principle and under certain conditions, claims against a Swiss party to a foreign arbitration, which goes into bankruptcy during the arbitration, do not necessarily lose their arbitrability from a Swiss law perspective. Written by Dr iur Philipp H Haberbeck, commercial disputes lawyer in Zurich, Switzerland.
Sign in or take a trial to read the full analysis.
To continue reading this news article, as well as thousands of others like it, sign in to LexisPSL or register for a free trial