Facts
Company K. SA and company T. SA signed three agreements between 1982 and 1983 containing an arbitration clause. In 1988, T. SA brought a case before an arbitral tribunal based on this clause. K. SA contested the jurisdiction of the arbitral tribunal, arguing that the termination of the contracts had rendered the arbitration clause null and void.
The arbitral tribunal declared itself competent in an "interim award" of June 1, 1989. K. SA then filed an appeal for annulment with the Court of Justice of the Canton of Geneva and also challenged the interim award by way of a public law appeal to the Federal Tribunal.
Considerations
According to Article 176 paragraph 2 of the Federal Act on Private International Law (PILA), Chapter 12 on international arbitration does not apply when the parties have expressly excluded its application in writing and have agreed to apply exclusively the rules of cantonal arbitration procedure.
The Federal Court considers that this provision requires two cumulative conditions for a valid exclusion agreement: 1) the parties must have expressly excluded the application of Chapter 12 of the PILA in…