Facts
The present case concerns a request for revision against an interim decision of an international arbitral tribunal. The parties are X. AG and Y. Corporation. The Federal Supreme Court has jurisdiction over the revision of international arbitral awards, regardless of whether they are final decisions, partial decisions, or interim decisions. The prerequisite is that the decision is binding on the arbitral tribunal.
In the specific case, the request for revision is directed against an interim decision that affirms the validity of a contract dated February 12, 1997. The sole arbitrator has stated in a procedural order that the contested decision of February 23, 2007 can no longer be reviewed without the consent of the opposing party.
Considerations
The Federal Act on Private International Law (PILA) does not contain any provisions on the revision of arbitral tribunal decisions. According to the case law of the Federal Supreme Court, however, the parties to international arbitration proceedings have the extraordinary legal remedy of revision at their disposal.
The grounds for revision are set out in Article 123 paragraph 2 letter a of the Federal Supreme Court Act (BGG), which corresponds to the former Article 137 letter b of the Federal Act on the Organization of Federal…