Challenge To Partial Award Dismissed (Swiss Supreme Court)

In decision 4A_491/2017, the Swiss Supreme Court rejected a challenge to set aside a partial award on the grounds of violation of the right to be heard and substantive public policy.

In a French-language decision dated 24 May 2018, but only recently published, the Swiss Supreme Court dismissed a challenge to set aside a partial award for alleged violation of the right to be heard and breach of substantive public policy.

In the underlying arbitration, the arbitral tribunal had to decide on the validity of a unilateral termination of a supply contract between an Austrian company and a Russian company. The contract between the parties was for the delivery of railway related equipment and provided for a termination right in the event of delays in the delivery of the equipment. Following the termination of the contract by the Russian company, which the Austrian company opposed, the Russian company commenced arbitration proceedings. By way of a partial award, the