Arbitration Newsletter Switzerland: CAS’ Order of Procedure and the Right to Challenge the Award for Arbitrariness

Our newsletter covers a recently published leading case of the Swiss Federal Supreme Court wherein it addressed the question whether the signing of the Order of Procedure in the course of the arbitration proceeding before the Court of Arbitration for Sport resulted in a valid opting out from the lex arbitri for domestic arbitrations and the application of the lex arbitri for international arbitrations, with the consequence that the award cannot be reviewed under the standard of arbitrariness.

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