23. May 2022

Arbitration Newsletter Switzerland: The ongoing duty to disclose – and the taciturn Chairwoman

In its decision 4A_462/2021 of 7 February 2022, the Federal Supreme Court dismissed the Claimant’s action for annulment in which it requested, amongst others, the removal of the chairwoman of the arbitral tribunal.

The decision addresses in particular the independence and impartiality of the arbitrator under the perspective of Art. 179(6) PILA, which imposes on the arbitrator the duty to disclose, throughout the entire proceedings, circumstances that could give rise to justified doubts as to his independence or impartiality.

Read the full newsletter: 2022-05-23-Thouvenin-Arbitration-Newsletter-4A_462_2021.pdf (pdf 358 KB)