Facts
The Polish company Centrozap contested the appointment of arbitrator Dr. X. by the Brazilian company Orbis, on the grounds that Dr. X.'s wife worked as a legal assistant in the law firm of the lawyer representing Orbis, Dr. Y. The Cantonal Court of Zurich dismissed Centrozap's request, finding that there were no grounds for incapacity or recusal under Zurich law. Centrozap then filed a public law appeal to the Federal Tribunal.
Considerations
The Federal Tribunal ruled that Article 58(1) of the Federal Constitution guarantees every person the right to be judged by an independent and impartial tribunal, which also applies to arbitral tribunals. Although cantonal law did not provide for a ground for recusal in the present case, the Federal Tribunal conducted a free examination of the issue of the impartiality of arbitrator Dr. X.
Given the fact that Dr. X.'s wife worked for the lawyer of the opposing party, the Federal Tribunal considered that this could raise an objective doubt as to…