Originally from: 
Swiss International Arbitration Law Reports (SIALR) - 2008 Volume 2 No. 1

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No. 9

X. AG v. Y. Corporation
[The Taiwanese Power Plant Consultant]
BGE/ATF 134 III 286, No. 4A_42/2008
Headnote
Arbitral awards may be revoked by the Federal Supreme Court
under article 123 FSCA. The discovery of pertinent facts or
evidence on which a party was unable to rely in previous
proceedings is a ground for revocation.1
Documents stored in the archives of a party cannot be considered
new evidence for the purposes of revocation proceedings.
Summary of the Decision
Y., a corporation incorporated in Taiwan, concluded a consultancy
agreement in order to assist X. in the conclusion of a contract relating to
the operation of a power station. X. contested the validity of the
agreement arguing inter alia that the agreement involved paying bribes
to third parties. The sole arbitrator made an interlocutory decision
declaring that the agreement was valid and binding and ordering X. to
pay Y. an indemnity for legal costs. This interim award was final and
binding upon the arbitrator and the parties.
Y. brought revocation proceedings against the interim award before the
Federal Supreme Court pursuant to article 123(2)(a) FSCA submitting
that it had found new documentary evidence proving bribery in its own
archives after the notification of the interim award.
The Federal Supreme Court found that Y. could have submitted these
documents in a timely manner in the arbitration proceedings as the
documents had been stored in the Y.’s archives.
Accordingly, the application for revocation was dismissed.