Observations on the Definition of Public Policy (Ordre Public) in Swiss Arbitration Law

Boóc, Ádám (2012) Observations on the Definition of Public Policy (Ordre Public) in Swiss Arbitration Law. Acta Juridica Hungarica, 53 (3). pp. 181-192. ISSN 1216-2574

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Abstract

This study deals with the notion of public policy (ordre public) in Swiss international arbitration. The paper analyzes the relevant paragraphs of IPRG, the Swiss Act on Private International Law. Based on legal authorities one can read about the distinction between procedural and substantive public policy in Swiss law. The paper describes several cases, in which the awards of the Court of Arbitration for Sport (Tribunal Arbitral du Sport) were challenged at the Federal Tribunal of Switzerland based on the alleged breach of public policy. The author discusses the question whether there can be a supra-national, universal interpretation of the notion of public policy in Swiss law, which is based on the fundamental legal and moral values of the civilized nations.

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