Don’t jump the gun! Lack of jurisdiction in case of failure to comply with pre-arbitration dispute resolution provisions
Our newsletters discusses a decision of the Federal Supreme Court dealing with the jurisdiction of an arbitral tribunal in a case where mandatory conciliation proceedings provided for in the agreement to arbitrate have not been complied with. Every practitioner finds now a clear picture on how the interaction between conciliation and arbitration is to be dealt with by international arbitral tribunals sitting in Switzerland: an arbitral tribunal in a case where mandatory conciliation proceedings have not been properly followed lacks jurisdiction, at least ratione temporis, and has to suspend its proceedings until the conciliation proceedings have been complied with in full and, failing an agreement of the parties on that level, can re-assume its work only thereafter.
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