Facts
The claimant X. SA, a Swiss company, had concluded a license agreement for the A. trademark with the defendant Y. BV, a Dutch company. After disputes over the performance of the contract, [Y.] terminated the contract without notice. X. then filed a claim for damages and requested interim measures from the arbitral tribunal to enable the sale of its inventory. The sole arbitrator ordered that X. transfer the inventory to [Y.] and that [Y.] pay an amount of EUR 1,080,005.45 to X. X. appealed against this decision to the Federal Supreme Court.Considerations
The Federal Supreme Court declared the appeal inadmissible. It stated that decisions on interim measures within the meaning of Art. 183 PILA cannot be challenged by way of an appeal in civil matters, as they do not constitute arbitral awards within the meaning of the PILA provisions. Rather, interim measures serve to protect the rights of a party during the main…