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SWITZERLAND 56
Bundesgericht, Second Civil Chamber, 12 October 2023, 5A_739/2022
(A v. B GmbH)
SWITZERLAND 56
The Federal Supreme Court confirmed the appellate decision refusing to attach assets of the respondent under a Russian award, finding that the lower court had correctly held that the respondent, though jointly and severally ordered to pay damages in the award, had not been bound by the settlement agreement containing the arbitration clause, which the claimant had concluded with other companies of the respondent’s group.
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
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.
The court discusses the overall scheme and/or pro-enforcement bias of the Convention.
The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.
The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.
More-favorable right provision: The court discusses issues relating to the more-favorable right provision in general, including who may invoke it, and when.