The Objection Of Arbitral Awards – Demanding And Rarely Successful

I. INTRODUCTION

Recent Swiss Federal Tribunal decisions on objections of arbitral awards pursuant to art. 389 et seq. CPC and art. 190 et seq. PILA ("Objections of Arbitral Awards" or "Objections")¹ have made it clear, once again, how demanding it is to be successful with this legal instrument. The number of cases² paints a clear picture: of the material or actual³ 165 Objections identified, after consulting the Swiss Federal Tribunal, which were filed in the years 2016 to 2018, 96 Objections were dismissed, 40 were inadmissible, 21 Objections were withdrawn, and only 8 Objections were fully or partially upheld.⁴

This success rate of just under 5 percent - with over 82 percent of unsuccessful⁵ Objections - is rarely mentioned when talking with practitioners, not to mention the considerable attorney fees⁶ and court costs associated with these proceedings. Also, the mentions by the Swiss Federal Tribunal, from time to time recalled in its decisions, on its strict