20. May 2019

Arbitration Newsletter Switzerland – New York Convention: Extension of Arbitration Agreements to Non-Signatories

Our newsletter covers a recently published decision of the Swiss Federal Supreme Court wherein it addressed the question whether, under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention), an arbitration agreement can also bind a person who was not a signatory to a contract containing the arbitration clause. As outlined in our newsletter, the Supreme Court took a liberal approach – an approach apparently not shared by all other signatories of the New York Convention. This confirms, once again, the arbitration friendly position of the Supreme Court.