Facts
A.A. (Defendant, Appellant) and B. and C. (Plaintiffs, Respondents) signed an agreement on September 12, 2022 to resolve a "dispute with a monetary claim regarding D. Invest" through a rabbinical arbitration court. On December 7, 2022, the arbitration court held a hearing and issued a judgment on January 12, 2023, which obligated the Defendant to make various payments and fulfill information duties towards the Plaintiffs.
The Appellant requested the Federal Supreme Court to set aside the decision of the arbitration court dated January 12, 2023.
Considerations
The Federal Supreme Court dismissed the appeal, insofar as it entered into the matter. It concluded that the contested decision was a permissible arbitration award within the meaning of Art. 189 of the Swiss Private International Law Act, as the parties had entrusted the rabbinical arbitration court with the assessment of their dispute over property rights.
However, the review of the arbitration award by the Federal Supreme Court can effectively be excluded, as the parties had agreed on the application of Jewish procedural law in the arbitration agreement. This provides for the principle of orality, which means that the Federal Supreme Court only has the…