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Switzerland: Supreme Court Opinion in the Matter of El Nasr Export Import & Co. v. Anglo French Steel Corporation S.A.* (Jurisdiction of Arbitration Tribunal; Application for Stay of Arbitral Proceedings)
Published online by Cambridge University Press: 04 April 2017
Abstract
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- Type
- Judicial and Similar Proceedings
- Information
- Copyright
- Copyright © American Society of International Law 1984
Footnotes
[Reproduced from the English translation prepared for International Legal Materials by Charles H. Poncet, Lalive & Budin, Geneva, from the original French text in ATF 109 la 81-85.]
References
1) Translator's note: The appeal of public law (recours de droit public, staatsrechtliche Beschwerde, ricorso di diritto publico) gives a party the possibility to challenge cantonal (state) decisions on various constitutional grounds and/or because a “Concordat” (Konkordat, Concordato) was violated by a State Court. A Swiss “Concordat” is similar to a Uniform Act in the United States : it means that the same law applies in several states even though there is no Federal law applicable in a particular field. Under Swiss law, procedural matters fall within the legislative competence of the cantons.
2) Translator's note: The statute organizing the Federal Courts (loi federale d'organisation judiciaire ; Bundesgesetz uber die Organisation der Bundesrechtspflege ; legge federale sull'organizzazione giudiziaria) of December 16, 194 3 provides for the various possible appeals to the Swiss Supreme Court (Federal Tribunal).
3) Translator's note: Pursuant to article 87 of the aforesaid statute, a state decision can be challenged if it is “arbitrary”, i.e. totally contradicting the most elementary concepts of law. Yet such a challenge may only be brought against decisions which are final or causing irretrievable damage to the appelant.
4) Translator's note: in the Swiss System, some of the opinions of the Federal Tribunal are not published in the official Court reporter. Some may not even be published at all.
5) Translator's note: Article 38 reads as follows:
“The action (for annulment) shall not have the effect of suspending the award. However, the judicial authority provided for in Article 3 may grant it such effect if one of the parties so requests”.