Invalid Arbitration Agreement - Rejection of the Jurisdiction of the Arbitral Tribunal

Facts

This case concerns a complaint against an interim decision of the arbitral tribunal, in which it affirmed its jurisdiction. The complainant argues that there is no valid arbitration agreement and that the arbitral tribunal is therefore not competent (Art. 190 para. 2 lit. b PILA).

The Federal Supreme Court examines the objection to jurisdiction under Art. 190 para. 2 lit. b PILA in legal terms, including material preliminary questions, the answer to which determines the jurisdiction. However, it reviews the factual findings of the challenged arbitral award only if admissible objections within the meaning of Art. 190 para. 2 PILA are raised.

In the complaint against an interim decision on the jurisdiction of the arbitral tribunal, in addition to the objections under Art. 190 para. 2 lit. a and b PILA (unlawful appointment or incorrect assessment of jurisdiction), other objections under Art. 190 para. 2 PILA are also admissible, provided they are related to the appointment or jurisdiction, such as violations of the right to be heard or the principle of equal treatment (Art. 190 para. 2 lit. d PILA).

Considerations

The objections raised by the complainant, that the arbitral tribunal violated the principle of equal treatment of the parties and the principle of the right to be heard (Art. 190 para. 2 lit. d PILA) in the context of its factual findings on…