N.Z. (No Nationality) v. I. (Romania)
Swiss Court of Appeal
17 Y.B. Comm. Arb. 581 (1992)
- Written by Sara Adams, JD
Facts
N.Z. (plaintiff) and I. (defendant) arbitrated a dispute before the Arbitration Committee of the Chamber of Commerce and Industry of the Socialist Republic of Romania (the committee). The arbitration agreement established by N.Z. and I. identified Romania as the seat of arbitration. The committee issued an arbitral award in favor of I., and I. then applied in Swiss court to enforce the award. The Swiss lower court granted I. leave to enforce the Romanian arbitral award. N.Z. appealed, asserting that the award was not enforceable. N.Z. first argued that the lower court proceedings on enforceability, which consisted solely of oral hearings, were improper because such a practice violated Swiss civil-procedure law. N.Z. also argued that the award was unenforceable because the first invitation to arbitrate sent by I. was written in Romanian, which was not N.Z.’s language, and N.Z. claimed that he did not receive a comprehensible invitation until a few days before the proceedings began. Both Switzerland and Romania were members of the New York Convention (the convention).
Rule of Law
Issue
Holding and Reasoning ()
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