Judgment of 5 November 1985
Switzerland Federal Tribunal
XII Y.B. Comm. Arb. 511 (1987)
- Written by Mary Katherine Cunningham, JD
Facts
In December 1980, Tracomin (defendant) and Sudan Oil Seeds (SOS) (plaintiff) entered a contract with an arbitration clause. When disputes arose between the parties, SOS asked Tracomin by letter and by telex to submit the dispute to arbitration before the Arbitration Board of the Federation of Oils, Seeds, and Fats Associations in London. Tracomin appointed an arbitrator by a letter that referenced the most recent telex sent by SOS. The Arbitration Board of the Federation of Oils, Seeds, and Fats Associations in London made an award against Tracomin, and Tracomin refused to comply with the award. SOS filed a suit to enforce the arbitration award in the Switzerland Federal Tribunal. Tracomin objected to the suit, arguing the arbitration clause was invalid under Articles II(1) and (2) of the New York Convention.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
What to do next…
Here's why 815,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.