Insolvency, Jurisdiction, Jurisdiction of the arbitral tribunal, Law governing the arbitration, Switzerland
Insolvency and arbitration: Swiss Supreme Court revisits its Vivendi vs. Elektrim decision
Nathalie Voser and Anya George Few Swiss cases have sparked as much debate in the arbitration community as the Swiss Supreme Court’s 2009 decision in Vivendi vs. Elektrim. In that decision, the Supreme Court upheld the award of an arbitral tribunal seated in Switzerland which had declined jurisdiction over one of the respondents, Elektrim, after…