Facts
The appellant and the respondents were parties to a rabbinical arbitration tribunal in Zurich in a financial matter. The arbitration tribunal rendered its judgment on 12 January 2023. The appellant filed a complaint with the Federal Supreme Court, which was dismissed. On 27 November 2023, the arbitration tribunal issued an interpretative decision, which was challenged by the appellant.
The Federal Supreme Court annulled the interpretative decision because the arbitration tribunal had not heard the appellant and had not served the request for interpretation on him. This constitutes a violation of the right to be heard and the principle of equal treatment.
Considerations
The Federal Supreme Court found that the arbitration tribunal had not heard the appellant and had not served the request for interpretation on him before rendering the interpretative decision. This constitutes a violation of the right to be heard and the principle of equal treatment.
The court also found that the failure to comply with the 30-day time limit provided for in Art. 189a para. 1 PILA from the opening of the arbitral award does not constitute a violation of the formal ordre public.
The Federal Supreme…