Bär & Karrer Successfully Defends LCIA Award before the Swiss Federal Tribunal
Bär & Karrer successfully defeated a challenge brought against a multimillion LCIA Award for alleged violations of public policy and right to be heard. In its decision dated 15 June 2021 in case 4A_530/2020, the Swiss Federal Tribunal confirmed the Award, dismissing the Appellant’s arguments that their right to be heard was breached by the Arbitral Tribunal’s refusal to postpone the hearing despite their alleged difficulties to find a lawyer and gather evidence due to COVID-19. The Swiss Federal Tribunal also found that the principle of res judicata had not been violated due to the arbitrators' reliance on the findings of an English court in a related litigation.
Bär & Karrer acted as legal counsel to the Respondents before the Swiss Federal Tribunal. The team was led by Alexandra Johnson and included Nadia Smahi (both Arbitration).