Facts
The appellant [X.] , a Czech investment company, and the respondent [AY.] Holding B.V., a Dutch holding company, concluded an agreement on joint proceedings and a share purchase agreement on November 9, 2005. The appellant undertook to transfer its 45% stake in [A.] Holding to the respondent. The parties agreed on an arbitration clause, which provided for the jurisdiction of the ICC Arbitral Tribunal in Zurich.
The arbitral tribunal decided on May 15, 2009, that the appellant had to transfer its 45% stake in [A.] Holding to the respondent. The appellant filed an appeal against this decision with the Federal Supreme Court, alleging an improper composition of the arbitral tribunal and a violation of public policy.
Considerations
The Federal Supreme Court examined the admissibility of the appeal and found that the parties were not domiciled in Switzerland, and therefore the provisions of Chapter 12 of the PILA were applicable. The respondent had argued that the parties had waived their right to appeal against the arbitral award, which the Federal Supreme Court denied.
The Federal Supreme Court reviewed the allegation of improper composition of the arbitral tribunal and found that the appellant had not shown any circumstances that would give rise to justified doubts about the independence of arbitrator [P.] . Similarly, the appellant had not shown any relationship between the chairman of the arbitral tribunal [O.] and the respondent that would, from an objective point of view, give rise to…