Boston University School of Law
Historically, Geneva has proved an attractive site for international commercial arbitration. Today, however, Geneva's arbitral popularity is threatened by the interventionist practices of Switzerland's cantonal courts, which have liberally interpreted their powers to review and overturn arbitral awards. In an effort to prevent a decline in Switzerland's popularity as an arbitral center, Swiss jurists have recently proposed rules providing for greater arbitral autonomy in the private resolution of international business disputes. The authors analyze Swiss judicial intervention in the arbitral process, the problems inherent in such intervention, and a proposed solution to those problems.
Philippe Neyroud & William W. Park,
Predestination and Swiss Arbitration Law: Geneva's Application of the International Concordat
Boston University International Law Journal
Available at: https://scholarship.law.bu.edu/faculty_scholarship/2513