Switzerland / 09 January 2008 / Switzerland, Tribunal Fédéral (Federal Tribunal) / X v. Y / 4A_436/2007
| Country | Switzerland |
| Court | Switzerland, Tribunal fédéral (Federal Tribunal) |
| Date | 09 January 2008 |
| Parties | X v. Y |
| Case number | 4A_436/2007 |
| Applicable NYC Provisions | II | II(3) |
| Source |
http://www.bger.ch (website of Swiss Federal Tribunal) |
| Languages | English |
| Summary | An attorney, X, entered into an agreement with a French couple pursuant to which the attorney was to provide assistance for domiciliation in Switzerland. The contract contained an arbitration agreement providing for arbitration in Switzerland. Subsequently the couple sought legal advice from X regarding certain tax issues. A dispute arose regarding the adequacy of this last legal advice. The spouse sued the attorney before local courts who then raised a jurisdictional objection based on the existence of the arbitration agreement. Both the Tribunal de Première Instance (Tribunal of First Instance) and the Cour de Justice of Geneva (Court of Justice of Geneva) upheld the jurisdiction of the State courts. The attorney lodged an appeal before the Tribunal Fédéral (Federal Tribunal). The Tribunal Fédéral dismissed the appeal. It held that since the arbitration agreement provided for arbitration in Switzerland, Article II(3) NYC did not apply. It held that it was manifest that the agreement did not cover the subsequent legal advice regarding tax issues but only applied to the domiciliation procedure. |
| see also : |
Attachment (2)
 Original Language Adobe Acrobat PDF |
Unofficial Translation Adobe Acrobat PDF |
