13. Oktober 2013 | Publication
Scope of Arbitration Agreements: Swiss
Federal Supreme Court Confirms Broad
Interpretation
13. Oktober 2013 | Publication
Scope of Arbitration Agreements: Swiss
Federal Supreme Court Confirms Broad
Interpretation
Transnational Notes 24/10/2011 (blogs.law.nyu.edu)
Federal Supreme Court of Switzerland Confirms Practice To Interpret the Scope of an Arbitration Agreement Broadly Once Consent To Arbitrate Is Established Without Doubt
The publication discusses a decision of the Swiss Federal Supreme Court confirming its consistent pro-arbitration approach when interpreting arbitration agreements. Once the parties’ consent to arbitrate is clearly established, the Court applies a broad interpretation of the clause, extending it to related disputes and even connected contracts. This approach promotes efficiency and legal certainty by ensuring that closely linked disputes are resolved within a single arbitral framework rather than before state courts.
Federal Supreme Court of Switzerland Confirms Practice To Interpret the Scope of an Arbitration Agreement Broadly Once Consent To Arbitrate Is Established Without Doubt
The publication discusses a decision of the Swiss Federal Supreme Court confirming its consistent pro-arbitration approach when interpreting arbitration agreements. Once the parties’ consent to arbitrate is clearly established, the Court applies a broad interpretation of the clause, extending it to related disputes and even connected contracts. This approach promotes efficiency and legal certainty by ensuring that closely linked disputes are resolved within a single arbitral framework rather than before state courts.
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Simone Stebler