Facts
On 17 January 2014, the Republic of X. initiated an arbitration procedure against Z. Plc, in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL). An Arbitral Tribunal of three members, including Professor Emeritus N. chosen by X., was constituted with Geneva as the seat. On 23 December 2016, the Arbitral Tribunal rendered a final award dismissing X.'s claim.
On 1 February 2017, X. filed a civil law appeal and, subsidiarily, a request for revision with the Federal Tribunal. It contested the award and requested the recusal of Professor N.
Considerations
The Federal Tribunal declared the appeal and the request for revision inadmissible. It considered that the parties had validly excluded any appeal against the awards of the Arbitral Tribunal, in accordance with Article 192 paragraph 1 of the Federal Act on Private International Law (PILA).
According to the case law, such a waiver must clearly result from the common intention of the parties, without the need to expressly mention Article 190 PILA or Article 192 PILA. The arbitration clause in this case, which provided that "There shall be no appeal to any court from awards rendered hereunder", met these requirements.
The Federal Tribunal also…