Facts
The case concerns the question of whether arbitral awards rendered before the entry into force of the Federal Act on Private International Law (PILA) on January 1, 1989 can still be challenged under cantonal law or already under the new federal law.
The parties are company A. as the appellant and company B. and arbitral tribunal Z. as the respondents. The arbitral award was rendered before January 1, 1989, but the challenge was filed thereafter.
The Federal Supreme Court had to decide whether the new PILA law or the previous cantonal law should apply to the challenge proceedings.
Considerations
The Federal Supreme Court concluded that arbitral awards rendered before January 1, 1989 can still be challenged under the previous cantonal law. The decisive factor is the date of the arbitral award, not the date of the challenge.
The Federal Supreme Court justified this by stating that while the new PILA law is generally immediately and comprehensively applicable, transitional provisions provide an exception for proceedings already pending. Moreover, it would be problematic under the rule of law if parties could no longer file their…