Volume 25 (2007) / Issue 2
On 1 February 2007, a new provision was added to the PIL Act: Art. 186 (1)bis. It states that as a rule arbitral tribunals sitting in Switzerland shall decide on their jurisdiction irrespective of pending court or arbitration proceedings. Markus Wirth elaborates on two issues raised in Ch. Müller?s paper in ASA Bull. 4/2006, p. 647 ff. Wirth states that contrary to Müller?s view, the new provision was a legal necessity, not only a political answer to unjustified criticism against a recent Swiss Supreme Court Decision (Fomento). Second, Wirth clarifies that in his view, the new provision does not modify the rules previously established by the Supreme Court on the limits to challenges of partial awards.
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