Facts
X. Co., an Iranian company active in steel production, and Z. Limited, a Cypriot company specialized in steel brokerage and sales, began negotiations in 2012 with a view to the sale of steel products. On May 16, 2012, the parties signed a sales contract. On the same day, Z. sent X. a draft framework contract containing an arbitration clause. Although the framework contract was not signed, Z. initiated an arbitration procedure on August 9, 2013 based on this clause.
X. contested the arbitrator's jurisdiction, but the arbitrator declared himself competent. X. then appealed to the Federal Tribunal, alleging a violation of Art. 190 para. 2 let. b PILA.
Considerations
The Federal Tribunal dismissed the appeal. It considered that, in accordance with the principle of the autonomy of the arbitration agreement, the validity of the latter can be admitted even in the absence of conclusion of the main contract, exceptionally, when the circumstances reveal the real and common will of the parties to submit their disputes to arbitration.
In the present case, the arbitrator found that the parties had manifested their concordant will to…