Jurisdiction(s):
United Kingdom

Swiss Federal Tribunal in État A v B & C: 30-day set-aside limit runs from awareness; notification defects must be raised immediately; nullity rare; late enforcement defences barred

Published on: 14 January 2026

Published by a LexisNexis Arbitration expert

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Article summary

Remedies against Swiss awards must be sought proactively and swiftly (État A v B & C) État A v B & C 4A_412/2025

A party dissatisfied with a Swiss international arbitral award may seek to have it set aside by the Swiss Federal Tribunal in accordance with Article 190 of the Swiss Private International Law Act (PILA). The decision confirms that parties must act both promptly and proactively when pursuing such relief. In particular, the application to set aside must be lodged within 30 days of the award’s ‘communication’ under Article 190(4) PILA. For an award to be deemed ‘communicated’, it is essentially enough that the party becomes aware of it, even informally. Where a party believes the award was not served in line with the applicable rules, meaning it was not validly ‘notified’, the defect must be raised without delay to allow a renewed attempt at notification. Failing this, the party will be precluded from relying on the defect later. The Swiss Federal Tribunal has held that remaining silent in such circumstances breaches the principle of good faith (see also 4A_264/2019 of 16 October 2019, consid 1.4)...

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