Facts
On 22 February 2006, Company X. (Defendant, Appellant) concluded a patent license agreement with A.Y. AG (Plaintiff 1, Respondent 1) and B.Y. Inc. (Plaintiff 2, Respondent 2). On 30 July 2010, X. terminated the contract with respect to a specific US patent. The Plaintiffs disputed the validity of this termination. On 8 August 2011, A.Y. AG and B.Y. Inc. initiated an arbitration proceeding under the rules of the International Chamber of Commerce (ICC) to compel X. to pay damages and to refrain from producing and distributing products infringing the patent. X. contested the jurisdiction of the arbitral tribunal.Considerations
The Federal Supreme Court dismissed the appeal of the Defendant against the interim award of the ICC arbitral tribunal, in which the tribunal had affirmed its jurisdiction. The Federal Supreme Court held that the interpretation of the arbitration clause according to the principle of good faith leads to the conclusion that the parties had agreed on the comprehensive jurisdiction of the arbitral tribunal. The arbitration clause also covers disputes over the…