Dismissal of the challenge of an arbitrator in an international arbitration procedure

Facts

The dispute opposes T. to G. and the Cantonal Court of the Grisons. T. filed a challenge against an arbitrator in an international arbitration procedure. The Cantonal Court dismissed this challenge. T. then filed a public law appeal against this decision of the Cantonal Court.

Considerations

The Federal Tribunal considers that the decision of the Cantonal Court rendered in application of Art. 180(3) of the Federal Act on Private International Law (PILA) cannot be the subject of a separate public law appeal. Indeed, the legislator clearly intended to limit the possibilities of appeal in international arbitration proceedings, by providing that the decision of the cantonal judge on a challenge of an arbitrator is "final".

Although decisions of an organizational nature can generally be the subject of a public law appeal, this possibility is excluded here by the express will of the legislator, who aims to restrict as much as possible the avenues of appeal in international arbitration. Therefore, T.'s public law…