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Tribunal Fédéral, 16 January 1995

16 - 01 - 1995

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Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXI (1996)

Jurisdiction Switzerland

Original full text Full text decision SWITZERLAND 27

Excerpt Excerpt decision SWITZERLAND 27

Related topics

203-204 Formal validity, uniform law and municipal law

205

The court discusses the first alternative requirement of Art. II(2) that the arbitral award is “signed by the parties”.

Signatures

209 Incorporation by reference and standard conditions

214-216 Field of application

222

The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.

Arbitrator's competence and separability of the arbitration clause

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