Set-Off Defences in Arbitration:
Jurisdiction under Swiss Case Law

ASA Below40 Seminar, 14. September 2018, Bern

Swiss Case Law Series: Jurisdiction over Set-off Defenses arising out of Contracts that are subject to another Arbitration Clause – Case Law and Approaches in Doctrine

The speaking engagement analyses whether arbitral tribunals have jurisdiction over set-off defences arising from contracts governed by a different arbitration clause. It shows that under Swiss law and arbitral practice, tribunals may still decide on such defences even if they fall outside the scope of the main arbitration agreement, reflecting a pro-arbitration approach. The contribution reviews Swiss Federal Supreme Court case law and doctrinal views, highlighting the tension between strict jurisdictional limits and procedural efficiency in arbitration.