SWITZERLAND 29

21 - 03 - 1995

SWITZERLAND 29

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXII (1997)
Jurisdiction Switzerland
Summary

Switzerland 29. Tribunal Fédéral, 21 March 1995

Related topics
201

The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.

Scope of arbitration agreement
203-204 Formal validity, uniform law and municipal law
213

The court discusses the status of an arbitration agreement in a contract that was amended or renewed.

Amendment or renewal
214-216 Field of application
221

The court discusses which law – lex fori, lex contractus, law of the State where the award will be made – applies specifically to determining whether an agreement to arbitrate is “null and void etc.“, and, by extension, which law applies to determining the validity of arbitration agreements.

Law applicable to "Null and void", etc. (for formal validity and applicable law, see Art. II, ¶204)
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
506

Invalidity of the arbitration agreement: The court discusses the law applicable to the validity of the arbitration agreement at the enforcement stage.

Law applicable to the arbitration agreement
704(C) Art. VII(1): European Union (Treaties and Legislation)
SWITZERLAND 29