Switzerland / 26 January 1987 / Switzerland, Tribunal Fédéral (Federal Tribunal) / A, B et Société C v. Société Y / P 1069/86
| Country | Switzerland |
| Court | Switzerland, Tribunal fédéral (Federal Tribunal) |
| Date | 26 January 1987 |
| Parties | A, B et Société C v. Société Y |
| Case number | P 1069/86 |
| Applicable NYC Provisions | II | II(3) |
| Source |
Original decision obtained from the registry of the the Tribunal Fédéral |
| Languages | English |
| Summary | In a decision of 15 July 1986, the Cour de Justice of Geneva (Geneva Court of Justice) ruled it did not have jurisdiction over a dispute because of the existence of an arbitration agreement. The appellants lodged a public law appeal. They argued that the decisions should be overturned as the Cour de Justice limited its examination to a prima facie analysis of the existence of an arbitration agreement. They argued that the Cour de justice of Geneva ruled in violation of Article II(3) NYC which allows State Courts to determine that an arbitration agreement is “null and void, inoperative or incapable of being performed”. The Tribunal Fédéral (Federal Tribunal) confirmed the Cour de Justice of Geneva’s decision. It rejected the appellants’ interpretation of Article II(3) NYC. The Tribunal Fédéral ruled that Article II(3) NYC does not concern the case of a direct legal action for jurisdiction of the arbitral tribunal but rather the case where a dispute has been submitted to a State Court while it should have been submitted to an arbitral tribunal. Thus, Article II(3) NYC does not give state courts exclusive jurisdiction over this issue. The Tribunal Fédéral considered that in the present case, the arbitration agreement has prima facie existence, therefore the Cour de Justice of Geneva did not violate any provision of law. The Tribunal Fédéral dismissed the recourse. |
Attachment (2)
 Original Language Adobe Acrobat PDF |
Unofficial Translation Adobe Acrobat PDF |
