Switzerland / 22 May 1985 / Switzerland, Tribunal Fédéral (Federal Tribunal)
| Country | Switzerland |
| Court | Switzerland, Tribunal fédéral (Federal Tribunal) |
| Date | 22 May 1985 |
| Applicable NYC Provisions | II | II(3) |
| Source |
http://www.bger.ch (website of Swiss Federal Tribunal) |
| Languages | English |
| Summary | A contract concluded between X and Y provided for arbitration in Le Havre. Y initiated arbitration in Le Havre and obtained order for the enforcement of award in France. Y sought to enforce the award in Switzerland and X sought to resist enforcement on the basis that the proceedings were still on-going in Le Havre. The First Instance and Appellate Chambers of the Court in Vaud found for Y. X appealed to the Tribunal Fédéral (Federal Tribunal). The Tribunal Fédéral dismissed X’s appeal, holding that Article II(3) NYC did not entitle a party to the arbitration clause to – at any time during the course of proceedings for the enforcement of an award – refer any dispute to the arbitral tribunal. The procedure for raising objections to the jurisdiction of the court where recognition and enforcement are sought is not governed by the NYC but by the lex fori. |
Attachment (2)
 Original Language Adobe Acrobat PDF |
Unofficial Translation Adobe Acrobat PDF |
