Facts
The [X. SA] (appellant) and the [Y. AG] (respondent) concluded a framework supply contract (RLV) on 21 January 2002 regarding [Z.] thrust bearings and mold parts. The appellant undertook to procure the corresponding products exclusively from the respondent. The respondent undertook not to supply third parties with mold parts with blue epoxy coating in Switzerland and the Principality of Liechtenstein during the term of the contract, nor to distribute such parts itself.
On 22 October 2003, the appellant discovered that the respondent had not submitted all declarations on time and terminated the contract. The respondent contested the termination and filed a preliminary quantified claim for damages with the Arbitration Court of the Zurich Chamber of Commerce.
The Arbitration Court ruled that the framework contract was still legally valid after 31 December 2002 and that the appellant's termination was ineffective. It ordered the appellant to pay the respondent CHF 2,994,144, plus interest.
Considerations
The Federal Court examined the appellant's appeal against the arbitral award. The appellant complained that the award was arbitrary and violated the right to be heard and the principle of…