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- SWITZERLAND 12 A
SWITZERLAND 12 A
Tribunal de Première Instance, Geneva, 25 April 1985
(Continaf BV v. Polycoton SA)
SWITZERLAND 12 A
See also Cour de Justice, Geneva, 10 October 1985
(Continaf BV v. Polycoton SA)
SWITZERLAND 12 B
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.
Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
Award not binding, suspended or set aside: The court discusses the meaning of an award having been “suspended” in the country of origin, including when the award has been suspended by operation of law rather than by a court decision.