SWITZERLAND 14
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XII (1987)
Jurisdiction
Switzerland
Original full text
Full text decision SWITZERLAND 14
Excerpt
Excerpt decision SWITZERLAND 14
Summary
Switzerland 14. Tribunal Fédéral, Second Civil Court, 5 November 1985
Related topics
203-204
Formal validity, uniform law and municipal law
206
Exchange of letters or telegrams
The court discusses the second alternative requirement of Art. II(2) that the arbitration agreement is “contained in an exchange of letters or telegrams”.
207
Means of communication for achieving the exchange in writing
The court discusses what more recent means of communication are also covered by the “exchange of letters or telegrams” alternative: telefax, email, e-commerce, etc.
701
More-favourable-right provision in general
More-favorable right provision: The court discusses issues relating to the more-favorable right provision in general, including who may invoke it, and when.