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Nemo Iudex in Sua Causa – No jurisdiction of the arbitrators to authoritatively rule on their own Fees

Nemo Iudex in Sua Causa – No jurisdiction of the arbitrators to authoritatively rule on their own... Remarks on the Swiss Federal Tribunal's Decision 4A_391/2010 and 4A_399/2010 of 10 November 2010* BERNHARD LÖTSCHER, AXEL BUHR** I. Introduction On 10 November 2010 the Swiss Federal Tribunal dismissed, for lack of procedural admissibility, two requests to set aside an arbitral decision by which the members of the arbitral tribunal had attempted to create an instrument enforceable against the parties to collect arbitration fees which they believed they were entitled to as remuneration for work performed. Whilst the challenged decision was titled "Interim Award", the arbitral tribunal itself had designated it throughout the decision, and in particular in the operative part, as a "Partial Award". The relevant passages of the operative part of the decision read as follows: "A. The proceedings are hereby declared to remain suspended pursuant to Article 41(4) Swiss Rules, pending the receipt of full payment to the Arbitral Tribunal of the fees and expenses incurred and owed, pursuant to the Swiss Rules, as set forth more fully in B and C below. B. Claimants on the one side and Respondents on the other side are each side liable for one half of the total amount of fees and expenses, or CHF [...], while each http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png ASA Bulletin Kluwer Law International

Nemo Iudex in Sua Causa – No jurisdiction of the arbitrators to authoritatively rule on their own Fees

Lötscher; Buhr
ASA Bulletin , Volume 29 (1) – Mar 1, 2011
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Kluwer Law International
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Copyright © Kluwer Law International
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1010-9153
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Abstract

Remarks on the Swiss Federal Tribunal's Decision 4A_391/2010 and 4A_399/2010 of 10 November 2010* BERNHARD LÖTSCHER, AXEL BUHR** I. Introduction On 10 November 2010 the Swiss Federal Tribunal dismissed, for lack of procedural admissibility, two requests to set aside an arbitral decision by which the members of the arbitral tribunal had attempted to create an instrument enforceable against the parties to collect arbitration fees which they believed they were entitled to as remuneration for work performed. Whilst the challenged decision was titled "Interim Award", the arbitral tribunal itself had designated it throughout the decision, and in particular in the operative part, as a "Partial Award". The relevant passages of the operative part of the decision read as follows: "A. The proceedings are hereby declared to remain suspended pursuant to Article 41(4) Swiss Rules, pending the receipt of full payment to the Arbitral Tribunal of the fees and expenses incurred and owed, pursuant to the Swiss Rules, as set forth more fully in B and C below. B. Claimants on the one side and Respondents on the other side are each side liable for one half of the total amount of fees and expenses, or CHF [...], while each

Journal

ASA Bulletin – Kluwer Law International

Published: Mar 1, 2011

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