Christopher Boog, Author at Kluwer Arbitration Blog

Landmark Swiss Decision on Failure to Comply with a Mandatory Pre-arbitral Tier

Christopher Boog, James U. Menz (Schellenberg Wittmer)/May 4, 2016June 15, 2016 /1 Comment

In a decision dated 16 March 2016 (4A_628/2015), the Swiss Supreme Court decided the long-open question of the consequence of a failure to comply with a mandatory pre-tier to arbitration, finding that such failure leads to the stay of the arbitration proceedings until the pre-arbitral tier has been conducted. The modalities of the stay (in…

Arbitral Tribunal, Arbitration Awards, Arbitrator Challenges, Arbitrators

The Lazy Myth of the Arbitral Tribunal’s Duty to Render an Enforceable Award

Christopher Boog (Schellenberg Wittmer)/January 28, 2013 /3 Comments

Schellenberg Wittmer

Co-authored by Christopher Boog and Benjamin Moss, Schellenberg Wittmer An arbitral tribunal’s duty to render an enforceable award is frequently used by commentators and counsel alike in support of positions on myriad matters ranging from procedural fairness and jurisdiction to the application of mandatory foreign law. Its considerable malleability has indeed made it very attractive…