Facts
Ferrowohlen AG filed an action before the arbitral tribunal provided for in a pool contract concluded with Von Moos Stahl AG, Monteforno Acciaierie e Laminatori SA and Von Roll AG. The defendants contested the jurisdiction of the arbitral tribunal, invoking Art. 15 CartA. The arbitral tribunal rejected this objection to jurisdiction, a decision confirmed by the High Court of the Canton of Zurich and the Court of Cassation. The defendants then filed an appeal for reform with the Federal Tribunal against the decision of the High Court.Considerations
The Federal Tribunal considers that only the public law appeal route is open against cantonal decisions on appeals in arbitration proceedings, even when they concern issues of the arbitral tribunal's jurisdiction. Although Art. 15 CartA provides for the nullity of the arbitration clause for future disputes relating to the existence, validity or termination of obligations arising from a cartel agreement, the Federal Tribunal considers that this provision does not allow the cantonal decisions on the jurisdiction of the arbitral tribunal to be challenged by way of appeal for reform.
Examining the appeal as a public law appeal, the Federal Tribunal considers that the High Court violated Art. 15 CartA by considering that the dispute over the interpretation of the pool contract, in particular on the issue of the requirement of unanimity for price-fixing decisions, did not fall within…