Dismissal of the Appeal against an Interim Decision of the Arbitral Tribunal

Facts

The appellant, a Swedish brewery, and the respondent, a Dutch brewery, had concluded a license agreement for the production and distribution of beer under the brand "X" on the Swedish market. Disputes arose between the parties regarding the legal existence and performance of the contract. The dispute was submitted to an arbitral tribunal, which initially decided on the appellant's contractual liability and reserved the respondent's claim for damages for a second stage of the proceedings. The appellant then filed a constitutional appeal against this interim decision of the arbitral tribunal.

Considerations

The Federal Court states that according to the wording of Art. 190 para. 3 PILA, interim decisions of the arbitral tribunal can only be challenged on the grounds mentioned in Art. 190 para. 2 lit. a and b PILA, i.e. only due to defects in the appointment or composition of the arbitral tribunal or due to wrongly affirmed or denied jurisdiction. Other complaints, such…