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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

The Dark Side of the Swiss Approach to the Enforcement of Multi-Tiered Clauses : A study on the nature of multi-tiered clauses

Mac Quaide, Dylan January 2021 (has links)
Since 2007, Swiss caselaw has developed in a satisfactory manner with regard to the enforcement of multi-tiered clauses. Not only has the Swiss Federal Supreme Court clearly established the cumulative requirements that have to be met to enforce the pre-arbitral tier contained in a multi-tiered clause when a party does not comply with it and directly files an arbitration claim, but the Court has also resolved the question of how the arbitral tribunal should sanction such a violation. In contrast, the issue of the nature of multi-tiered clauses has never benefited from the same attention. Yet, this is a fundamental question as it primarily determines whether the Swiss Federal Supreme Court can review arbitral decisions on claims of non-compliance.   The thesis provides a critical assessment of how Swiss caselaw defines the nature of multi-tiered clauses. The author argues that classifying claims of non-compliance as raising a jurisdictional issue is a mistake and leads to an unjustified extension of the scope of judicial review through the application of art. 190(2)(b) PILA.

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