The annulment of the Swiss Federal Court of some CAS awards: an overview
Autor | José Minas Khatchadourian |
Cargo | Vice-President Of Sharm Elsheikh Court Of International Arbitratio (Egypt) |
Páginas | 57-62 |
57
Revista Latinoamericana de Mediación y Arbitraje INDICE
JOSÉ MINAS KHATCHADOURIAN / THE ANNULMENT OF THE SWISS FEDERAL COURT OF SOME CAS AWARDS: AN OVERVIEW
The annulment of the Swiss Federal Court of some CAS
awards: an overview
José Minas Khatchadourian,
Vice-President of Sharm El-Sheikh Court of International Arbitration
Egypt
Introduction
Several recent reports show an explosion of challenges against awards of the Lausanne-based Court of Arbitration
Federal Court, and with increasing success14. The same study shows that in two third of the cases that reach the
Federal Court, Switzerland serves as neutral ground for dispute resolution between non-Swiss parties.
1.
Appeal Committee and the Dispute Resolution Chamber respectively may be appealed before the CAS which
as stated in article 176.1 of PILA.15
a- if the seat of the arbitral tribunal is in Switzerland.
b- at the time when the arbitration agreement was entered into, at least one of the parties had
neither its domicile nor its habitual residence in Switzerland.
2.
constituted.
14
15 According to article 176.1 of the PILA, its provisions only apply to “any arbitration if the seat of the arbitral tribunal is in Switzerland and if,
at the time when the arbitration agreement was entered into, at least one of the parties had neither its domicile nor its habitual residence in Switzerland”.
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