SWITZERLAND 54

Bundesgericht, 1 March 2021, 5A_910/2019

(Company B Ltd. v. Company C AG)

01 - 03 - 2021

SWITZERLAND 54

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVI (2021)
Jurisdiction Switzerland
Original full text Full text decision SWITZERLAND 54
Excerpt Excerpt decision SWITZERLAND 54
Summary

The Swiss Federal Supreme Court affirmed the decision of the lower court that an LCIA award could be recognized and enforced in Switzerland against a bankrupt defendant. The request for arbitration had been filed prior to the opening of the bankruptcy procedure, and the subject matter of the dispute had remained objectively arbitrable.
Related topics
519

Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

Ground a: Arbitrability
SWITZERLAND 54