SWITZERLAND 7
Yearbook
Yearbook Commercial Arbitration, P. Sanders (ed.), Vol. IX (1984)
Jurisdiction
Switzerland
Original full text
Full text decision SWITZERLAND 7
Excerpt
Excerpt decision SWITZERLAND 7
Summary
Switzerland 7. Tribunal Fédéral, 26 February 1982
Related topics
101
Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
109
Arbitral award: "a-national" award
The court discusses whether an “a-national” award falls under the Convention.
503
Burden of proof on respondent
The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.
513
Ground d: Irregularity in the composition of the arbitral tribunal or arbitral procedure
514
Ground e: Award not binding, suspended or set aside - "Binding"
523
Irregularities in the arbitral procedure (see also Art. V(1)(b))
Public policy: The court discusses alleged violations of a fundamental rule of due process in the arbitration on the recognition and enforcement of an arbitral award, including the failure to communicate the names of the arbitrators, the failure to send copies of reports or letters filed in the arbitration, etc.