In 2023, the Swiss Federal Supreme Court rendered very interesting decisions in the field of arbitration. Part I of Dr. Petra Rihar’s post on Kluwer Arbitration Blog focuses on the scope of arbitration clause (non-signatories – succession and interference) and its validity in the context of a party’s (in)capacity of discernment, as well as on the new developments regarding res iudicata. Part II explores new case law on the enforcement of arbitral awards in Switzerland. It also includes a continuation of the Supreme Court’s case law on the parties’ duty of curiosity in respect of an arbitrator’s independence and impartiality.
A pdf-copy of the post can be found here and the digital version, including overviews of developments in earlier years, can be found here.