ARTICLE
26 May 2021

Swiss Federal Supreme Court's Decision Regarding A Set-Aside Claim

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Pekin Bayar Mizrahi

Contributor

Pekin Bayar Mizrahi is a leading top-tier law firm located in Istanbul, Türkiye.

The firm was founded by Mr. Fethi Pekin, who was a former judge, in 1946. Ms. Sefika Pekin and Ms. Selin Bayar subsequently joined the firm. In time, the firm has broadened its areas of expertise and the sectors it advises; thereby becoming a “full-service” firm with a global reach. In 2021, its dispute resolution partner, Mr. Ergin Mizrahi, became a name partner and the firm changed its corporate name as Pekin Bayar Mizrahi.

With its local and international experience of 75 years, Pekin Bayar Mizrahi is now one of the largest law firms in Türkiye in both size and volume, employing around 60 fee earners. The firm also has liaison offices and affiliate counsels in numerous cities in Türkiye. The firm has international practice and its clients include States, large financial institutions, and transnational corporations from various sectors.

In its decision 4A_332 / 2020 of April 1, 2021, the Swiss Federal Supreme Court dealt with a set-aside motion in respect of the replacement of an arbitrator who was alleged to be biased.
Switzerland Litigation, Mediation & Arbitration

In its decision 4A_332 / 2020 of April 1, 2021, the Swiss Federal Supreme Court dealt with a set-aside motion in respect of the replacement of an arbitrator who was alleged to be biased.

When the former arbitrator resigned due to the allegations raised against them and the replacement arbitrator was appointed, the respondent sought the repetition of the procedural steps taken up until the resignation, on the basis that the process was tainted. However, the tribunal proceeded with trial and entered an award. In the set-aside action, the Swiss Federal Supreme Court dismissed the motion, by holding that the newly constituted tribunal was not under the duty to repeat the procedural steps taken before the resignation of the former arbitrator.

The decision is welcome as being yet another one where the Swiss Federal Supreme Court upheld the validity of an arbitral award.

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