24. October 2018

Arbitration Newsletter Switzerland: The Supreme Court clarifies that in arbitrations under the ICC Rules the serving of the “courtesy copy” of the award by email does not triggers the 30 days deadline for filing an action for annulment

Our newsletter covers a recently published decision of the Swiss Federal Supreme Court where the Court had the chance to take a stand on the question as to whether the 30 days deadline for filing an action or annulment against an arbitral award starts running already from the receipt of a copy of the award by email or only with the receipt of the original copy. The Supreme Court held that under the ICC Rules the receipt of the “courtesy copy” by email from the ICC Secretariat does not suffice – only the receipt of the original copy triggers the start of the deadline. But the Supreme Court made it also clear, that the answer to the question of the beginning of the deadline for filing an action for annulment depends on the rules governing the arbitration proceedings. Therefore, caution must be exercised when using the present new case: it is not a one size fits all case!