SWITZERLAND 15
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XII (1987)
Jurisdiction
Switzerland
Original full text
Full text decision SWITZERLAND 15
Excerpt
Excerpt decision SWITZERLAND 15
Summary
Switzerland 15. Tribunal de Première Instance, Canton Geneva, 13 March 1986
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.
105
"Persons, whether physical or legal" (paragraph 1) (including sovereign immunity)
The court discusses issues relating to the quality of the parties, as physical or legal persons against whom enforcement of an arbitral award is sought, including the incapacity of a State to enter into an arbitration agreement, and questions relating to sovereign immunity. For the related defenses to enforcement, see Art. V(1)(a).
228
Pre-award attachment and other provisional measures
Related court proceedings: The court discusses whether provisional measures, such as the pre-award attachment of assets, are compatible with the Convention.
505
Incapacity of party
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"