June 26, 2025

Swiss Federal Supreme Court reaffirms that a criminal judgment does not have a direct impact on the setting-aside of an arbitral award as a result of its review

The Swiss Federal Supreme Court has held that a criminal conviction arising from the same factual circumstances as those underlying an arbitral proceeding does not, in and of itself, justify the setting aside an arbitral award as a result of its review.
December 20, 2024

Swiss Supreme Court Redefines Parties’ Duty to Investigate Arbitrators’ Impartiality and Independence

The Swiss Federal Supreme Court’s recent decision underscores a pivotal issue in international arbitration: the parties’ duty to investigate the impartiality and independence of arbitrators. The case centered on a challenge to an arbitral award on the grounds that one arbitrator had previously represented the opposing party in unrelated proceedings in England.
November 20, 2024

Why parties should specify the governing law of their arbitration agreement

The arbitration agreement within a contract is a contract in its own right, collateral to the main contract. The law governing the arbitration agreement covers substantive matters relating to the agreement to arbitrate, for example, the interpretation, scope and validity of the agreement to arbitrate.
Why parties should specify the governing law of their arbitration agreement
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