Arbitration Case Alert

Cost award that does not specify allocation between multiple parties cannot be enforced

28.09.2022

Case Number: 5A_335/2021 (19 July 2022)

Cost award that does not specify allocation between multiple parties cannot be enforced

In Decision 5A_335/2021, the Swiss Supreme Court confirmed that a cost award in which two parties were ordered to pay compensation for legal costs was not enforceable in Switzerland as their joint and several liability did not follow from the award, the applicable procedural rules or the lex arbitri.

 

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