Facts
The dispute opposes X. GmbH (the claimant) to Y. SA (the defendant) in the context of international arbitration. The claimant has filed a request with the Federal Court to revise an arbitral award, alleging that the arbitral tribunal had made obvious errors and violated its right to be heard.
The facts of the case are as follows: the arbitral tribunal rendered an award that was contested by the claimant, who alleged that the arbitral tribunal had made obvious errors and violated its right to be heard. The claimant notably argued that the arbitral tribunal had disregarded certain documents in the file and had made errors in the assessment of the evidence.
The claimant has filed a request with the Federal Court to revise the arbitral award, under Article 190 paragraph 2 letter d of the Federal Act on Private International Law (PILA). The claimant alleged that the obvious errors made by the arbitral tribunal constituted a violation of its right to be heard and justified the revision of the award.
Considerations
The Federal Court examined the request to revise the arbitral award and considered that the alleged obvious errors by the claimant did not necessarily constitute a violation of its right to be heard. The Federal Court recalled that the right to be heard does not guarantee the materiality of the decision, but only the right of the parties to participate in the decision-making process and to present their defense.
The Federal Court considered that the obvious errors made by the arbitral tribunal did not constitute a violation of the right to be heard, as they had not prevented the claimant from presenting its defense and participating in the decision-making process. The Federal Court also recalled that the revision of an arbitral award can only be requested in cases where the arbitral tribunal has violated the fundamental rules of procedure or has made obvious errors that have affected the outcome of the procedure.
The Federal Court concluded that…