Procedural Order Requalified As Interim Award Subject To Immediate Challenge

Case Number: 4A_136/2018 (30 April 2018)

In a German-language decision of 30 April 2018 (which will not be published in the official court reporter), the Swiss Supreme Court held that a motion to set aside an international award was manifestly inadmissible pursuant to Article 108(1)(a) of the Swiss Supreme Court Act. The Swiss Supreme Court found that it is now established case law that an interim award on jurisdiction or on the composition of the arbitral tribunal has to be challenged within 30 days of its notification. Such interim decisions cannot be challenged together with the final award.

In this case, the Swiss Supreme Court considered that despite being entitled "Procedural Order" (Verfügung), the decision of an arbitral tribunal constituted under the DIS Arbitration Rules on the impartiality of two of its members, was an interim award. By failing to challenge it pursuant to Article 190(3) Swiss Private International Law Act within 30 days of notification,