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Violation of parties’ agreement on constitution of arbitral tribunal can be ground for challenge
Practical Law UK Legal Update Case Report 5-555-2630 (Approx. 6 pages)
Violation of parties’ agreement on constitution of arbitral tribunal can be ground for challenge
by PD Dr. Nathalie Voser (Partner, Zurich) and Aileen Truttmann (Associate, Geneva), Schellenberg Wittmer
In decision 4A_282/2013, the Swiss Supreme Court clarified that an award can be challenged on the basis of Article 190(2)(a) PILA not only on the ground of lack of independence and impartiality of the arbitrators, but also on the ground that the arbitral tribunal was constituted in violation of the parties' agreement.
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Resource ID 5-555-2630© 2024 Thomson Reuters. All rights reserved.
Published on 24-Jan-2014
Resource Type Legal update: case report
Jurisdiction
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