- Switzerland—no requirement of retrial after resignation of an arbitrator (Swiss Federal Tribunal 4A_332/2020)
- What are the practical implications of this case, and why is this decision of interest to international arbitration practitioners globally?
- What was the background?
- What did the court decide?
- Case details
Arbitration analysis: The decision concerned an application to set aside an arbitral award rendered in Switzerland on the basis that a newly constituted arbitral tribunal refused to repeat certain procedural acts after one of the arbitrators resigned. The Swiss Federal Tribunal (SFT) held that the arbitral tribunal has wide discretion to decide whether parts of the arbitral proceeding had to be repeated. According to the SFT, the newly appointed arbitrator could form an independent and objective view on the merits of the dispute based on the available records. The SFT decided that the arbitral tribunal was not improperly constituted and that the arbitral tribunal did not violate the parties’ right to be heard or formal public policy, and it dismissed the application to set aside the award. Written by Dr Florian Mohs, partner, Lukas Rusch, partner, and Irene Röthlisberger, associate, at Pestalozzi Attorneys at Law Ltd in Zurich and Geneva.
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