Homburger successfully appealed an ICC award for a South Korean company

Homburger successfully represented a South Korean company in setting-aside proceedings before the Swiss Federal Supreme Court in connection with an ICC award. In the ICC award, the tribunal had accepted jurisdiction over the South Korean company despite the fact that the latter had not signed the contract and the arbitration agreements underlying the arbitration. In a leading decision of November 13, 2020 (case 4A_124/2020, which can be accessed here[1]), the Swiss Federal Supreme Court admitted the appeal of the South Korean company and clarified certain important aspects of its case law on the extension of arbitration agreements to non-signatories.

Homburger’s team was led by Balz Gross and Stefanie Pfisterer (both Arbitration).

[1]           https://www.bger.ch/ext/eurospider/live/de/php/aza/http/index.php?lang=de&type=highlight_simple_query&page=1&from_date=&to_date=&sort=relevance&insertion_date=&top_subcollection_aza=all&query_words=4A_124%2F2020&rank=1&azaclir=aza&highlight_docid=aza%3A%2F%2F13-11-2020-4A_124-2020&number_of_ranks=4