SWITZERLAND 10
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XI (1986)
Jurisdiction
Switzerland
Original full text
Full text decision SWITZERLAND 10
Excerpt
Excerpt decision SWITZERLAND 10
Summary
Switzerland 10. Tribunal Fédéral, 8 February 1978
Related topics
303
Estoppel/waiver
The court discusses the conditions under which a party may be estopped from raising a ground for refusal of enforcement under the Convention or has waived the right to raise it.
503
Burden of proof on respondent
The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.
511
"Otherwise unable to present his case"
Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.
513
Ground d: Irregularity in the composition of the arbitral tribunal or arbitral procedure
518
Paragraph 2 - Distinction domestic-international public policy
Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.