Violations of Swiss Constitution or EU Convention on Human Rights do not amount to a violation of substantive public policy

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In a recently published French-language decision, the Swiss Supreme Court dismissed an application to set aside an ICC award for alleged violation of substantive public policy.

In Decision 4A_453/2021, the Swiss Supreme Court dismissed an application to set aside an award based on alleged violations of substantive public policy. The court found, among other things, that even if the award were to breach the Swiss Constitution or the European Convention on Human Rights, these violations alone would not amount to a violation of substantive public policy…

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