Admissibility of the Appeal in Civil Matters against an Interim Decision of the Arbitration Court

Facts

The [X. AG] (Appellant) and the [Y. AG] (Respondent) concluded a framework supply agreement (PipeO) on January 21, 2002, regarding push safeties and other mold pieces. The Appellant undertook to procure the corresponding products exclusively from the Respondent during the contract period. The Respondent undertook not to supply third parties with special mold pieces or distribute them itself in Switzerland and the Principality of Liechtenstein during the contract period.

The Appellant took the view that the Respondent had not submitted all declarations on time, and therefore the contract had lapsed on December 31, 2002. The Respondent denied this and filed a claim for damages with the Arbitration Court of the Zurich Chamber of Commerce.

The Arbitration Court ruled that the framework contract had remained legally valid after December 31, 2002, and the termination declared by the Appellant had been ineffective. The Appellant filed a complaint of nullity, which the High Court of the Canton of Zurich dismissed on May 14, 2007.

Against this decision, the Appellant files an appeal in civil matters and requests the Federal Court to dismiss the complaint.

Considerations

The Federal Court examines the admissibility of the appeal in civil matters against the interim decision of the Arbitration Court. It notes that the decision being challenged was rendered after January 1, 2007, and therefore the proceedings are governed by the Federal Act on the Federal Court of June 17, 2005 (FSCA).

The Federal Court decides that the appeal in civil matters is only admissible if the decision can cause an irreparable…