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Swiss Federal Supreme Court Again Expresses Its Opinion on the Duty to Investigate Reasons for Challenge of Arbitrators (BGer 4A_100/2022)

In a recent decision, the Swiss Federal Supreme Court dealt with an application for revision against an arbitral award. The applicant had claimed that one of the arbitrators had represented the counterparty at the same time in proceedings in England. As in its recent decision in the Sun Yang case, the Federal Supreme Court confirmed that in arbitration proceedings the parties are subject to a dut…

The 2020 Revision of the IBA Rules on the Taking of Evidence in International Arbitration

During the COVID-19 pandemic, the arbitration community showed its ability to adapt quickly to a changing world. Several arbitration institutions amended their rules or started the process of doing so, motivated mainly by the need to provide expressly for the possibility of online hearings. With evidentiary hearings in the spotlight, the IBA Rules on the Taking of Evidence (IBA Rules) could not b…

Enforcement of English Judgments in Switzerland – UK’s Accession to the Lugano Convention Still Pending

The 2007 Lugano Convention on the Recognition and Enforcement of Judgments in Civil and Commercial Matters governs the jurisdiction and reciprocal enforcement of judgments in civil and commercial matters between the member states of the European Union (EU) and three countries of the European Free Trade Association (EFTA) (Iceland, Norway and Switzerland). The Lugano Convention is in essence the e…

International Arbitration: Switzerland’s Revised International Arbitration Law as of 1 January 2021

Switzerland is one of the world’s most attractive jurisdictions for international arbitration. The reason for this is not only Switzerland’s neutrality and its stable political situation, but also its Private International Law Act (PILA), of which the 12th chapter regulates international arbitration. In order to strengthen the position of Switzerland as an arbitration centre and further promote i…


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