Swiss Supreme Court rules that non-participating respondent forfeited right to rely on procedural objections

In Decision 4A_359/2025, the Swiss Supreme Court dismissed Russian energy company Gazprom's application to set aside an ICC award in favour of Ukrainian state-owned gas company Naftogaz. After sending a letter to the ICC in which it disputed the validity of the arbitration clause, Gazprom did not participate in the arbitration. Gazprom challenged the award, arguing that the co-arbitrator nominated by Naftogaz and the presiding arbitrator lacked impartiality. The court dismissed the challenge, ruling that, as Gazprom had failed to challenge the composition of the tribunal during the arbitration, it had forfeited the right to do so now.