Facts
The Republic of India (respondent in the arbitration, applicant) requests the Federal Supreme Court to revise the partial arbitral award of 13 December 2017 and the final arbitral award of 27 May 2020 of the arbitral tribunal seated in Geneva. It relies on subsequently discovered facts and evidence pursuant to Art. 190a(1)(a) of the Swiss Private International Law Act (PILA).
The Federal Supreme Court does not enter into the request for revision. While both the partial arbitral award and the final arbitral award are in principle subject to revision under Art. 190a PILA, in the present case the Federal Supreme Court has already decided on a challenge against the partial arbitral award, so that only the final arbitral award remains as a permissible object of revision.
The applicant claims that it has discovered significant new facts and a decisive piece of evidence with the judgment of the Indian Supreme Court of 17 January 2022 on the dissolution of company B. due to fraudulent machinations. However, the Federal Supreme Court does not consider this sufficient to comply with the 90-day time limit for revision under Art. 190a(2) PILA. The applicant had already been aware of the facts underlying the dissolution earlier, so that the time limit was not triggered only by the judgment of the Supreme Court.
Considerations
The Federal Supreme Court states that for the question of compliance with the time limit under Art. 190a(1)(a) PILA, the decisive factor is when the applicant became aware of the allegedly newly discovered significant facts. It is not decisive when these facts were finally established by a judicial authority, but when the applicant became aware of them.
In the…