SWITZERLAND 33

15 - 04 - 1999

SWITZERLAND 33

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXVI (2001)
Jurisdiction Switzerland
Original full text Full text decision SWITZERLAND 33
Excerpt Excerpt decision SWITZERLAND 33
Summary

Switzerland 33. Cour de Justice, Canton Geneva, 15 April 1999
Related topics
101

The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.

 Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
301

The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

Procedure for enforcement in general
401

The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.

 Conditions to be fulfilled by petitioner in general
404

The court discusses issues relating to the manner of authentication and certification of the award and/or arbitration agreement.

Authentication and certification
406

The court discusses issues relating to the requirements of the translation (translation by sworn translator, translation of entire award etc.) and whether a translation is necessary.

Translation (paragraph 2)
SWITZERLAND 33