In an arbitration between a Turkish steel manufacturer (claimant) and a German buyer (defendant), an arbitral tribunal rejected an application by claimant to disqualify a tribunal-appointed expert on the ground that he was prejudiced. Claimant then challenged the award on that ground, asserting a violation of procedural public policy under PIL Act Article 190(2) lit. e. The Swiss Supreme Court dismissed the challenge because claimant had waived the objection. This case illustrates the Court's general attitude as to waivers of grounds to set aside awards.
The arbitral tribunal appointed the expert in October 1997. In February 1998, the expert contacted a representative of claimant and solicited an offer for the supply of steel to a subsidiary company of the expert's employer. Claimant did not disclose this fact at the time. Between March and June 1998, the expert carried out his mission for the arbitral tribunal. By mid July 1998, the negotiations between claimant and the
