The Swiss Chapter is pleased to provide summaries and commentaries of selected recent decisions of the Swiss Federal Tribunal that have been issued since January 2021 until August 2022.
First, in Decision 4A_406/2021, the second decision in the Chinese swimmer Sun Yang saga, the Federal Tribunal confirmed that the observance of the time-limit to submit a setting-aside application is an issue of admissibility and not jurisdiction; it also confirmed that the violation of the ECHR does not constitute per se a violation of public policy.
Second, in Decision 4A_520/2021 the Federal Tribunal highlighted the specificity of sports arbitration when examining the impartiality and independence of arbitrators as well as the usefulness of the IBA Rules on Conflicts of Interest.
Third, in Decision 4A_422/2021 the Federal Tribunal rejected an application to revise an arbitral award considering that the facts were not pertinent.
Fourth, in Decision 4A_464/2021 upon a simultaneous application to set-aside and revise an arbitral award, the Federal Tribunal ruled on the order of priority of such applications and the burden of diligence of an appealing party.
Fifth, in Decision 4A_460/2021 the Federal Tribunal confirmed the validity of an arbitration clause in a draft insurance agreement not signed by one of the parties.
Sixth, in Decision 4A_264/2021 the right to be heard was examined in detail by the Federal Tribunal, upon allegations that the sole arbitrator had not taken into consideration all the allegations and facts of one of the parties.
Seventh, in Decision 4A_564/2020, in what is a very rare outcome, the Federal Tribunal annulled the TAS/CAS arbitral award for lack of jurisdiction.
Eighth, in Decision 4A_332/2020 the Federal Tribunal confirmed that the resignation of an arbitrator in a three-member panel during the proceedings does not require the repetition of the entire proceedings once the new arbitral tribunal is constituted.
Ninth, in Decision 4A_200/2021 some unusual procedural issues related to the setting-aside application was examined by the Federal Tribunal before rejecting the setting-aside application of a TAS/ CAS arbitral award related to insolvency, arbitrability and res judicata.
Finally, in Decision 4A_438/2020 the Federal Tribunal had to analyse an alleged violation of the right to be heard due to the rejection of the TAS/CAS of a document production request.
Iurgium [previously Spain Arbitration Review]