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Enforceability of foreign arbitral awards against bankrupt parties in Switzerland (Swiss Federal Tribunal 5A_910/2019)

Enforceability of foreign arbitral awards against bankrupt parties in Switzerland (Swiss Federal Tribunal 5A_910/2019)
Published on: 13 April 2021
Published by: LexisPSL
  • 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

Article summary

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. or take a trial to read the full analysis.

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