Arbitration Case Alert

No unconditional right to reply to written submissions in arbitration


Case Number: 4A_277/2021 (21 December 2021)

No unconditional right to reply to written submissions in arbitration

In a recently published French-language decision, the Swiss Supreme Court rejected a motion to set aside a domestic Swiss Arbitration Centre award submitted, among other things, under article 393(d) of the Code of Civil Procedure, which allows parties to challenge awards that violate their right to be heard in adversarial proceedings. This provision mirrors article 190(2)(d) of the Swiss Private International Law Act applicable to international arbitration.


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