Switzerland / 28 July 2010 / Switzerland, Tribunal Fédéral (Federal Tribunal) / 4A_233/2010
| Country | Switzerland |
| Court | Switzerland, Tribunal fédéral (Federal Tribunal) |
| Date | 28 July 2010 |
| Case number | 4A_233/2010 |
| Applicable NYC Provisions | V | V(1) | V(1)(d) | V(2) | V(2)(b) |
| Source |
http://www.bger.ch (website of Swiss Federal Tribunal) |
| Languages | English |
| Summary | Y, a company incorporated in the USA, contracted to maintain and service three aircrafts of X, a Swiss company. The contract provided for arbitration before a panel of three arbitrators. Y initiated arbitral proceedings and, with X’s consent, submitted the dispute to a sole arbitrator. The arbitrator ordered an award for damages in favour of Y. Y sought to enforce the award in Switzerland. X argued that the award had been improperly procured because: (i) it was determined by a sole arbitrator, contrary to the provisions of the contract; (ii) the arbitrator’s daughter had been a trainee in Y’s counsel’s law firm and Y’s counsel had met the arbitrator once; and, (iii) Y’s counsel and the arbitrator were qualified to practice before the same Circuit of Court of Appeals in the United States. Matter (ii) had been put to X’s counsel, who had answered that it had no objection to the continuance of arbitral proceedings. X’s arguments were rejected by the Tribunal of First Instance of Geneva and the Court of Justice of the Canton of Geneva. X appealed. The Swiss Federal Tribunal dismissed the appeal. With respect to (i), X had consented to a sole arbitrator; (ii), even X’s counsel had not considered that matter to have been prejudicial; and, (iii) did not cast doubt on the arbitrator’s impartiality. The Federal Tribunal held that Article V NYC is exhaustive (3.2.1). It further held that the party opposing recognition and enforcement bears the burden of proof under Article V(1) NYC (3.2.1). Finally, a party must raise any grounds for challenge as soon as it becomes aware of them (3.2.1). For the recognition of an award to violate Swiss public policy, such recognition must offend Swiss concepts of justice in an intolerable manner (3.2.1). |
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Attachment (2)
 Original Language Adobe Acrobat PDF |
Unofficial Translation Adobe Acrobat PDF |
