The rare admittance of nova by the Swiss Federal Supreme Court – Decisions of 14 March 2008 (4A_42/2008) and 8 April 2009 (4A_69/2009)
In the same arbitration proceedings, the Swiss Federal Supreme Court had to decide twice -albeit based on different grounds – whether facts discovered after the issue of an award (so called “nova”) may entail the amendment of the rendered award. In these decisions the Swiss Federal Supreme Court had the opportunity to restate its rigorous…