Rejection of the request for procedural sanctions against the conduct of the respondent by the arbitral tribunal

Facts

The present case concerns an appeal in civil matters against an arbitral award. The appellants A.C. SE and co-parties complained that the arbitral tribunal had not expressly addressed their request to impose procedural sanctions on the respondent K. SAS, after the latter had filed two written submissions one day late with the arbitral tribunal.

The Federal Court had to assess whether the arbitral tribunal had thereby violated the appellants' right to be heard pursuant to Art. 190 para. 2 lit. d PILA.

Considerations

According to established case law, the principle of the right to be heard does not give rise to an entitlement to a reasoned arbitral award. This has not changed under the application of Art. 77 BGG, as arbitral awards within the meaning of Art. 190 PILA are governed by Art. 189 PILA.

The Federal Court stated that it was not apparent and had also not been demonstrated by the appellants in what way the arbitral tribunal could have violated Art. 190 para. 2 lit. d PILA by not granting the request for…