Publications

Schied­sentscheid extra peti­ta wegen US-Dol­lar statt Euro?,
Com­men­tary by Simon Gabriel on Swiss Fed­er­al Tri­bunal deci­sion 4A_684/2014 on March 16, 2015

The Swiss Fed­er­al Tri­bunal refers to the rel­e­vance of cur­ren­cies in prayers for relief of par­ties’ sub­mis­sions and dis­pos­i­tive sec­tions of arbi­tral awards. In the present case, how­ev­er, the Swiss Fed­er­al Tri­bunal refrains from ren­der­ing a deci­sion on this issue as no express extra peti­ta chal­lenge was sub­mit­ted by the par­ty chal­leng­ing the award. Fur­ther­more, the Swiss Fed­er­al Tri­bunal clar­i­fies the cor­rect under­stand­ing of ultra peti­ta chal­lenges in arbi­tra­tion pro­ceed­ings over two instances as well as the scope of the required rea­son­ing in inter­na­tion­al arbi­tral awards. There appears to be a ten­sion between the Fed­er­al Tribunal’s views on the lat­ter sub­ject and a sim­i­lar case by the same court dat­ing from 2014.

(Slight­ly amend­ed Eng­lish trans­la­tion of Ger­man summary)