News | 30 January 2020

The Swiss Federal Supreme Court partially annuls final award on the ground of Ultra Petita (article 190 AL. 2 LIT. C PILA)

LALIVE has successfully challenged an International Chamber of Commerce (ICC) award and obtained a partial annulment of the award. This decision is a rare instance of partial annulment and of particular significance as the Swiss Federal Supreme Court seldom sets aside awards, in particular on the ground of ultra petita.

The case opposed two Turkish companies on the one hand, and an Israeli company on the other hand, in a dispute related to the conception and production of special vehicles. The Swiss Federal Supreme Court ruled that the final award was rendered ultra petita on two prayers for relief sought by the Israeli company: the award granted damages where only declaratory relief had been requested.  The Swiss Federal Supreme Court has therefore remanded the case to the sole arbitrator, for a new – partial – decision to be rendered, taking into consideration the Swiss Federal Supreme Court’s decision.

The Turkish companies were represented by LALIVE partner Matthias Scherer, Counsel Pierre-Olivier Allaz and associate Caroline dos Santos before the Swiss Federal Supreme Court.

With this success, the firm continues to consolidate its track record in securing victories in setting aside proceedings before the Swiss Federal Supreme Court.

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