Judgment of 7 October 1933, Tobler v. Justizkommission des Kantons Schwyz

DFT 59 I 177 (1933)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
J
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Judgment of 7 October 1933, Tobler v. Justizkommission des Kantons Schwyz

Switzerland Federal Tribunal
DFT 59 I 177 (1933)

Facts

In April 1926, Tobler (defendant) and Blaser (plaintiff) entered a contract in which Tobler assigned the patents for his inventions to Blaser. The contract contained an arbitration clause, requiring the parties to submit all disputes to an arbitral tribunal in Schwyz. Blaser filed a lawsuit claiming certain claims including a claim that the main contract was invalid due to fraud to the District Court Schwyz. Tobler asserted certain claims claiming the patents and other rights before the District Court Schwyz. The District Court Schwyz held it lacked jurisdiction due to the arbitration clause. The District Court Schwyz found the arbitration clause requiring “the settlement of all disputes arising out of this contract submit themselves to the judgement of an arbitrator” included Blaser. Blaser appealed the District Court Schwyz’s finding on jurisdiction. Blaser argued that the arbitrator was unable to consider the claims under the contract or the arbitration agreement.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 814,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 814,000 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 814,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Alternative Dispute Resolution

Key Terms