Judgment of 5 November 1985

XII Y.B. Comm. Arb. 511 (1987)

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Judgment of 5 November 1985

Switzerland Federal Tribunal
XII Y.B. Comm. Arb. 511 (1987)

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)

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