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Case Law - A Introduction to the Case Law Section

Case Law - A Introduction to the Case Law Section A Introduction to the Section 1. A request to set aside an arbitral award must be lodged within 30 days from the notice of the award. In case the award is delivered by registered mail to a mail box at a post office, notice is deemed to have occurred on the 7th day to the extent that the addressee had to reasonably expect the communication. This condition applies during the entire duration of the arbitration with respect to all notices and communications. In 4A_476/20131 the Swiss Supreme Court declared that a challenge of an award filed within 30 days after it was actually collected from a post office mail box was late and therefore inadmissible. The plaintiff should have expected the award to be rendered and notified. Consequently, the time limit commenced running seven days after the award was received in the plaintiff's post box at the post office, although the plaintiff elected to collect it only three weeks later. 2. A popular ground for challenging awards is the arbitral tribunal's alleged failure to properly consider evidence. Indeed, if the arbitral tribunal entirely misses relevant evidence the award can be set aside. The hurdle to establish such ground http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png ASA Bulletin Kluwer Law International

Case Law - A Introduction to the Case Law Section

Scherer
ASA Bulletin , Volume 32 (1) – Mar 1, 2014
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Publisher
Kluwer Law International
Copyright
Copyright © Kluwer Law International
ISSN
1010-9153
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Abstract

A Introduction to the Section 1. A request to set aside an arbitral award must be lodged within 30 days from the notice of the award. In case the award is delivered by registered mail to a mail box at a post office, notice is deemed to have occurred on the 7th day to the extent that the addressee had to reasonably expect the communication. This condition applies during the entire duration of the arbitration with respect to all notices and communications. In 4A_476/20131 the Swiss Supreme Court declared that a challenge of an award filed within 30 days after it was actually collected from a post office mail box was late and therefore inadmissible. The plaintiff should have expected the award to be rendered and notified. Consequently, the time limit commenced running seven days after the award was received in the plaintiff's post box at the post office, although the plaintiff elected to collect it only three weeks later. 2. A popular ground for challenging awards is the arbitral tribunal's alleged failure to properly consider evidence. Indeed, if the arbitral tribunal entirely misses relevant evidence the award can be set aside. The hurdle to establish such ground

Journal

ASA Bulletin – Kluwer Law International

Published: Mar 1, 2014

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