Switzerland / 08 December 2003 / Switzerland, Tribunal Fédéral (Federal Tribunal) / 4P.173/2003/ech
| Country | Switzerland |
| Court | Switzerland, Tribunal fédéral (Federal Tribunal) |
| Date | 08 December 2003 |
| Case number | 4P.173/2003/ech |
| Applicable NYC Provisions | IV | IV(1) | IV(1)(b) | V | V(1) | V(1)(b) | V(1)(e) | V(2) | V(2)(b) |
| Source |
http://www.bger.ch (website of Swiss Federal Tribunal) |
| Languages | English |
| Summary | A contract was concluded between A and B for the sale of goods destined to C. The contract provided for ICC arbitration in London. A dispute arose and the sole arbitrator rendered a partial award which ordered specific sums to be paid by A. A challenge by A before the Paris Court of Appeal was dismissed and fees and costs were awarded to the respondent. Eventually a final award was rendered, ordering A to pay further sums. Upon being notified of the final award, A had recourse to the High Court in London. B sought the recognition and enforcement of the partial award and the order of the Paris Court of Appeal before the Tribunal of First Instance in Geneva. The Tribunal of First Instance so ordered and its decision was upheld by the Geneva Court of Justice. A appealed. The Swiss Federal Tribunal dismissed the appeal. It held that Article IV(1)(b) NYC requires an original copy of the arbitration agreement: although the respondent had not produced the agreement before the Tribunal of First Instance it did produce it on appeal, thereby complying with Article IV(1)(b) NYC (3.1). With respect to the partial nature of the award, the Tribunal held that Article V(1)(e) NYC allows for non-enforcement when an award has not become binding on the parties. The partial award, on the issues finally decided, was thus capable of enforcement (3.1). Although obiter, the Tribunal observed that ‘[a]n enforcement order will thus not be granted if […] [the award] is set aside in the country of origin’ or there is an action to set it aside (3.1). It also noted that, pursuant to the NYC, an award need not necessarily be enforceable in its country of origin for it to be granted enforcement in another country (3.1). The Federal Tribunal also rejected the argument that the enforcement of the partial award was contrary to public policy, under Article V(2)(b) NYC (4.1). |
| see also : |
Attachment (2)
 Original Language Adobe Acrobat PDF |
Unofficial Translation Adobe Acrobat PDF |
