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Switzerland—no set-aside for ICC award on public policy ground (A SpA v B SpA)

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Published on: 17 February 2022

Published by a LexisNexis Arbitration expert

Table of contents

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 decision issued on 18 January 2022, the Swiss Federal Tribunal (the Swiss Supreme Court) rejected an application requesting the setting aside of an International Chamber of Commerce (ICC) award on the ground that the arbitral tribunal had allegedly ruled ex aequo et bono instead of applying particular set of rules, in this case Italian substantive law. The Swiss Federal Court denied any violation of public policy by the arbitral tribunal. Written by Pierre Ducret, partner at CMS von Erlach Partners Ltd.

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