15. October 2018

Arbitration Newsletter Switzerland: Precedence of Foreign State Immunity over the New York Convention?

Our newsletter covers a recently published decision of the Swiss Federal Supreme Court addressing the question of immunity of foreign states – in that case the Republic of Uzbekistan – in enforcement actions in Switzerland as well as the relationship between Swiss procedural law and the New York Convention in this context. One key question that had to be answered by the Supreme Court was whether or not the New York Convention prevents the taking into account of the admissibility criteria “sufficient domestic connection” when an attachment against a foreign state is requested in Switzerland based on an foreign arbitral award. The Supreme Court answered this in the negative, having as consequence in the case at hand that the real estate property of the Republic of Uzbekistan could not be attached.

Read the full article at: Arbitration-Newsletter-of-11-October-2018.pdf (pdf 332 KB)