Réforme du droit suisse de l'arbitrage
| Auteur | Legal News |
Le nouvel article 186 alinéa 1 bis de la loi de droit international privé est entré en vigueur le 1er mars 2007. Il vise à permettre aux arbitres siégeant en Suisse, de statuer sur leur compétence même lorsqu'un tribunal étatique ou arbitral étranger a préalablement été saisi du même litige. Les motifs sérieux commandant de suspendre la procédure, sont la seule limite à cette disposition. Le nouvel article 186 alinéa 1 remédie aux inconvénients de la jurisprudence Fometo (AFT [2001] 127 III 279). Selon cette jurisprudence, il est possible de bloquer une procédure arbitrale suisse en engageant antérieurement au déclenchement de l'arbitrage, pour le même...
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