Switzerland / 14 May 2001 / Switzerland, Tribunal Fédéral (Federal Tribunal) / Fomento de Constucciones y Contratas SA v. Colon Container Terminal SA / 4P.37/2001
| Country | Switzerland |
| Court | Switzerland, Tribunal fédéral (Federal Tribunal) |
| Date | 14 May 2001 |
| Parties | Fomento de Constucciones y Contratas SA v. Colon Container Terminal SA |
| Case number | 4P.37/2001 |
| Applicable NYC Provisions | II | II(3) |
| Source |
http://www.bger.ch (website of Swiss Federal Tribunal) |
| Languages | English |
| Summary | A contract for the provision of engineering works provided for arbitration. A dispute arose and each party sought to terminate the contract. FCC filed an action against CCT before the courts of Panama; CCT argued that the court did not have jurisdiction due to the arbitration agreement. CCT instituted arbitral proceedings which progressed at the same time as the action before the Panamanian courts. FCC applied to the Swiss Federal Tribunal, arguing that the arbitral tribunal should not have upheld its jurisdiction and that, in any event, it did not have jurisdiction to uphold. The Swiss Federal Tribunal allowed the appeal and annulled the arbitral award. The Federal Tribunal treated the existence of two contradictory decisions between the same parties and on the same action as contrary to public policy (2.a). The principle of lis pendens means that the tribunal seized second must not exercise its jurisdiction until a final decision is rendered by the tribunal seized first (2.a). The tribunal confirmed the power of a court to decide whether the arbitration agreement is valid, pursuant to Article II(3) NYC (2.ee). |
Attachment (2)
 Original Language Adobe Acrobat PDF |
Unofficial Translation Adobe Acrobat PDF |
