Facts
The appellant Xa[.] is the adoptive daughter of C. and the mother of S. X. S. X., as the representative of C., concluded a preliminary contract for a donation agreement with the future donee E. Xa[.] . The contract contained an arbitration clause, according to which any disputes were to be decided exclusively by the Permanent Court of Arbitration of the JSM in Žilina, Slovak Republic. After the death of C., Xa[.] , as his legal successor, took the position that she was not bound by the preliminary contract.
The arbitral tribunal dismissed the plea of lack of jurisdiction and ordered Xa[.] to pay a withdrawal fee of EUR 167,000 to B. Y., who had acquired the claim from E. Xa[.] . Xa[.] appealed against this arbitral award to the Federal Supreme Court.
Considerations
The Federal Supreme Court states that the appeal against the arbitral award is admissible under the requirements of Art. 190-192 PILA. Since the parties do not have their domicile in Switzerland, the provisions of Chapter 12 of the PILA apply.
The Federal Supreme Court examines whether Xa[.] has validly waived the filing of an appeal against the arbitral award. For this, it is necessary that…