SWITZERLAND 7

Tribunal Fédéral, 26 February 1982

(Joseph Müller AG v. Sigval Bergesen and Zürich Court of Appeal) 

26 - 02 - 1982

SWITZERLAND 7

Yearbook Yearbook Commercial Arbitration, P. Sanders (ed.), Vol. IX (1984)
Jurisdiction Switzerland
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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)
109

The court discusses whether an “a-national” award falls under the Convention. 

 Arbitral award: "a-national" award
503

The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.

 Burden of proof on respondent
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"
523

Public policy: The court discusses alleged violations of a fundamental rule of due process in the arbitration on the recognition and enforcement of an arbitral award, including the failure to communicate the names of the arbitrators, the failure to send copies of reports or letters filed in the arbitration, etc.

Irregularities in the arbitral procedure (see also Art. V(1)(b))
SWITZERLAND 7