ILO Newsletter 05. Juli 2012

Dispute Resolution / Litigation & Arbitration

Supreme Court defines limits of arbitration agreements


The Supreme Court was recently faced with an inexecutable arbitration clause and took the opportunity to clarify the interpretation of arbitration agreements and their boundaries. The court held that arbitration agreements must be interpreted primarily under procedural law; however, if doubts arise under applicable contract law, or if an arbitration agreement refers to an arbitral institution which no longer exists, the agreement becomes inoperative only if it is impossible to reconstruct a comparable arbitration court. 


Dr. Nikolaus Pitkowitz

M.B.L.-HSG Partner