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Revision of Arbitral Awards before the Swiss Federal Supreme Court: Procedural Aspects.

Authors :
BOOG, CHRISTOPHER
MORAIS, LETÍCIA
Source :
ASA Bulletin. Jun2023, Vol. 41 Issue 2, p292-317. 26p.
Publication Year :
2023

Abstract

With the introduction in 2021 of Article 190a of the Private International Law Act (PILA) and the simultaneous amendment of Article 191 PILA, which now refers to a new Article 119a of the Federal Supreme Court Act, the extraordinary remedy of “revision” of decisions rendered in international arbitrations seated in Switzerland has been put on a statutory footing. Before that, revision was recognised and governed only by the case law of the Swiss Supreme Court. There are many procedural aspects to revision proceedings that are not specifically stipulated in the law but derive from the practice of the Supreme Court. Other procedural aspects are governed by provisions of the Federal Supreme Court Act which may not at first glance appear applicable to revision proceedings against arbitral awards but which the Court nonetheless applies to such proceedings. Finally, practices developed by the Supreme Court before the entry into force of the new statutory regime to a large extent continue to apply under the new regime. The present article summarizes these procedural aspects of revision proceedings and is helpful to those handling revision proceedings before the Swiss Supreme Court. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
10109153
Volume :
41
Issue :
2
Database :
Academic Search Index
Journal :
ASA Bulletin
Publication Type :
Academic Journal
Accession number :
177255787