82. Decision of 12 December 1975 in the case of Provenda S.A versus Alimenta S.A and Geneva, Court of Justice

Summary

Enforcement of foreign arbitral awards. Swiss Public Policy. Reasoning of awards.

1. It belongs to the enforcement judge to decide whether a foreign judgment regarding a cash payment is enforceable in Switzerland, pursuant to an international agreement (recital 1a).

2. If enforcement is based on an international agreement, the Federal Tribunal freely assesses its interpretation and application and it freely reviews the facts; however, it is bound by the grounds raised by the parties, which may submit new arguments (recital 1b).

3. Enforcement in Switzerland of awards rendered in Great Britain and for which no reasoning is provided, is not contrary to public policy (recital 4).