Limits to the right to be heard in international arbitration: No absolute right to a double exchange of briefs and no absolute right to reply (“droit de réplique”)
Our newsletter discusses a recent decision of the Federal Supreme Court dealing with the limits to right to be heard in international arbitration, in particular the question whether there is an absolute right to a double exchange of briefs and an absolute right to reply (“droit de réplique”). After a detailed and helpful summary of the relevant decisions involving the right to be heard (“due process”), the Federal Supreme Court comes to the conclusion that there is neither an absolute right to a double exchange of briefs nor an absolute right to reply in the field of international arbitration.
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