Arbitration Case Alert

Contribution requirement for protected investments under AANZFTA confirmed

20.08.2026

Case numbers: 4A_531/2025 and 4A_633/2025 (15 June 2026)

Contribution requirement for protected investments under AANZFTA confirmed

In Cases 4A_531/2025 and 4A_633/2025, the Swiss Supreme Court dismissed a Singaporean company's challenge to an award in which a Geneva-seated tribunal declined jurisdiction under the Agreement Establishing the ASEAN- Australia-New Zealand Free Trade Area (AANZFTA). The court confirmed that, to be protected under that treaty, an investment requires a contribution, which was not satisfied by the claimant's acquisition of an Australian company through an intra-group share swap. It also rejected the claimant's revision request alleging arbitrator bias.

 

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