Facts
In 1984, Compañía de Minas Buenaventura SA (Appellant 2) and the French state-owned company BRGM held discussions about the Buenaventura Group's participation in the Peruvian company Cedimin SA. The modalities were regulated in a protocol dated 2 February 1985, which contained an arbitration clause. When BRGM sold parts of its shares to Normandy Mining Ltd. in 1996, the Appellants filed a lawsuit against the BRGM subsidiary BRGM-Pérou S.A.S. (Respondent) before a state court in Lima. The Respondent raised the plea of arbitration. In parallel, the Respondent initiated arbitration proceedings in Zurich. The Superior Court of Lima declared itself competent by decision of 16 December 1996, while the arbitral tribunal in Zurich established its jurisdiction by interim decision of 19 November 1996. The Appellants filed a constitutional appeal against this interim decision of the arbitral tribunal.Considerations
The Federal Supreme Court dismisses the appeal. It states that the decision of the Peruvian Superior Court is not eligible for recognition in Switzerland, as the jurisdiction of the state courts is derogated in accordance with Art. II para. 3 of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards if a party raises the plea of arbitration. The Superior Court of Lima should therefore have referred the parties to the arbitration…