Today’s Legal Enlightenment (Monday, 08 August 2022) – IN ARBITRATION, THE COUNTRY OF ORIGIN SHOULD BE CONSIDERED AS THE COUNTRY WHERE THE ARBITRATION AWARD IS DELIVERED

These reasons cannot be justified because the Judex Juris did not make a real mistake. After all, “country of origin” must be interpreted as the country where the Arbitration Award was rendered, in casu Switzerland. Moreover, regarding the cancellation of the Arbitration Award, it is subject to the procedural law of the country where the Arbitration Award was made, different from the substantive law used by the Arbitration. The parties can choose which country’s law will be used.

→ Supreme Court Decision No. 444 PK/Pdt/2007, 9 September 2008

Regards,
Fredrik J. Pinakunary