Preview Page from The Swiss International Arbitration Law Reports 2008 Volume No. 1
Suit for Professional Malpractice against a Geneva Attorney]
No. 4A_436/2007
Headnote
■ Where the parties have concluded an arbitration agreement concerning an arbitrable dispute, a Swiss court must decline jurisdiction if so requested by the defendant in a timely manner unless the arbitration agreement has lapsed, is unenforceable, or incapable of being performed.
■ Where it is disputed whether the arbitration agreement covers the cause of action, the court will in principle confine itself to a summary examination of the question.
Summary of the Decision
H.Y. and his wife, both French citizens domiciled in France, consulted attorney X. in order to obtain residence permits so that they could relocate to Geneva in 1997. Their attorney-client agreement contained an arbitration clause. The couple obtained the required residence permits and relocated to Geneva in 1997. In 1998, the couple again consulted X. in order to assess the potential tax consequences arising from a possible real estate acquisition. X. advised the couple that their tax position would remain unchanged; however, as a consequence of the real estate purchase, the couple’s taxable expenditures rose from CHF 200,000.00 to CHF 300,000.00.
Preface
Introduction by the General Editors
About the General Editors
Table of Abbreviations
Table of Cases Reported and Translated
Table of Cases Cited
Table of Treaties, Statutory Instruments, Arbitration
Rules and other Private Regulations
Reported and Translated Cases
Swiss Federal Private International
Law Act, 1987
Index
Praise for The Swiss International Arbitration Law Reports:
"Practitioners all over the world should be grateful to the editors of The Swiss International Arbitration Law Reports for making the wealth of Swiss case law on international arbitration, scattered until now, so easily accessible in English, the language used in the vast majority of international arbitrations having their seat in Switzerland."
-Pierre A. Karrer, Honorary President of ASA (Swiss Arbitration Association); Vice President, Arbitration Institute of Stockholm Chamber of Commerce (SCC)
"Switzerland is one of the leading centres of international arbitration and decisions of the Swiss Federal Supreme Court are therefore of considerable interest. By providing English translations of these decisions the editors make them much more accessible to arbitration practitioners worldwide. Messrs Patocchi and Scherer are to be congratulated on this exciting initiative."
-Michael Pryles, Council member ICCA
"This welcome publication, available in the English language, is not only an indispensable tool for all those interested in transnational arbitration in Switzerland; but also, given the long and successful traditions of Swiss jurisprudence on international arbitration, a most useful tool for all those interested in arbitration everywhere."
-V.V. Veeder, member of Essex Court Chambers
"This is an extremely valuable resource, meticulously prepared by two leading Swiss international arbitration practitioners, and will prove invaluable on both sides of the Atlantic. It will be essential for all practitioners in the field, whether in Switzerland or abroad."
-Gary Born, Partner, WilmerHale, London
"Switzerland is one of the most popular centres for international arbitrations in Europe. It follows that the supervisory legal regime applicable to such arbitrations held in that jurisdiction is of considerable interest to international arbitration practitioners around the world, and their clients. The case reports will appear in the original language as well as in English translation, and deserve a warm welcome by the international arbitration community."
-Martin Hunter, Professor of International Dispute Resolution at Nottingham Law School
"The Swiss International Arbitration Law Reports are bound to become indispensable for international arbitration practitioners because of the importance of Switzerland as a seat of arbitration and the high regard in which decisions of the Federal Supreme Court are held. I appreciate, in particular, the very helpful head notes and summaries which guide busy practitioners to the material they require."
-Judith Gill, Partner, Allen & Overy, London; Director of the LCIA; member of the LCIA Court and member of the ICC UK Arbitration Group
Review of The Swiss International Arbitration Law Reports:
"The present publication will, for the first time, make Swiss Federal Supreme Court decisions relevant to the arbitration practitioner available in the lingua franca of the 21st century and thus allow the international arbitration community to benefit from the Swiss jurisprudence on international arbitration more widely. [...]
This new publication is recommended to anyone involved in arbitration work at the international level. In future, neither practitioners nor researchers will be able to do without it."
-Arbitration (The International Journal of The Chartered Institute of Arbitrators); Review by Gordon Blanke