Challenge To Award On Jurisdiction In Inheritance Matter Inadmissible

In a recently published French-language decision, the Swiss Supreme Court declared that an application to set aside a preliminary award on jurisdiction rendered by a Geneva-seated tribunal was inadmissible.

The dispute arose in connection with an inheritance contract between the testator, his spouse and his children. The inheritance contract contained an arbitration clause and designated several estate executors, which were not privy to the contract. When the testator died, his spouse initiated arbitration proceedings against the children and one of the estate executors. The children and estate executor (appellants) objected to jurisdiction on the ground that the estate executor was not party to the arbitration clause.