With the increase of non-ICSID investment treaty arbitrations over the recent years, domestic courts have faced an increasing number of challenges to investment treaty awards. Reflecting Switzerland’s emergence as one of the favored seats in investment treaty arbitration, the Swiss Federal Supreme Court has to date rendered decisions in four cases involving challenges of investment treaty awards.
After a brief analysis of the Swiss legal framework governing challenges of arbitral awards, the article summarises the Supreme Court’s rulings in each of the four cases. These rulings confirm the Supreme Court’s traditional reluctance to interfere with decisions of arbitral tribunals. They also confirm, equally traditionally, the speed and efficiency with which the Court tends to dispose of such challenges. As a result, and taking into account the country’s arbitration-friendly regulatory framework, Switzerland is likely to continue to remain among the favored venues for investment treaty arbitration.ASA Bulletin