Recent Developments In Swiss Arbitration Law

The Swiss Supreme Court has recently issued a few decisions deserving a special mention¹. They relate to the validity of the conventional waiver of judicial challenge against Swiss international arbitration awards, the parties' right to be heard on costs, and pre-arbitration conciliation duties.

Validity of the conventional waiver of judicial challenge against Swiss international arbitration awards:²

Swiss law expressly allows parties to waive whole or parts of the legal grounds of challenge against international awards issued in Switzerland (Private International Law Act (PILA) Art. 192), subject to none of the parties having their domicile, their habitual residence, or a business establishment in Switzerland.