http://kluwerarbitrationblog.com/blog/2009/04/27/arbitration-clauses-interpretation-and-extension-to-non-signatories/ Tue, 07 Feb 2012 11:53:45 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://kluwerarbitrationblog.com/blog/2009/04/27/arbitration-clauses-interpretation-and-extension-to-non-signatories/comment-page-1/#comment-3914 Ben Love Fri, 08 May 2009 15:48:05 +0000 http://kluwerarbitrationblog.com/?p=632#comment-3914 I am curious if Swiss courts have ever addressed the inverse situation, in which a non-signatory seeks to compel a signatory to arbitration. Interestingly, the US Court of Appeals for the Second Circuit addressed this issue recently in Motorola v. Uzan (322 F.3d 130 (2d Cir. 2003)) and held that Swiss law would not allow a non-signatory to compel arbitration against a signatory. The decision apparently relied on expert testimony from both parties' Swiss law experts that it would be impermissible under Swiss law for a non-signatory to compel arbitration against a signatory. But if Swiss law would allow a signatory to impose arbitration upon a non-signatory, it seems odd that it would not also allow a non-signatory to compel arbitration against a signatory in certain cases. I would be interested in hearing from those knowledgeable about Swiss law on this point. I am curious if Swiss courts have ever addressed the inverse situation, in which a non-signatory seeks to compel a signatory to arbitration. Interestingly, the US Court of Appeals for the Second Circuit addressed this issue recently in Motorola v. Uzan (322 F.3d 130 (2d Cir. 2003)) and held that Swiss law would not allow a non-signatory to compel arbitration against a signatory. The decision apparently relied on expert testimony from both parties’ Swiss law experts that it would be impermissible under Swiss law for a non-signatory to compel arbitration against a signatory. But if Swiss law would allow a signatory to impose arbitration upon a non-signatory, it seems odd that it would not also allow a non-signatory to compel arbitration against a signatory in certain cases. I would be interested in hearing from those knowledgeable about Swiss law on this point.

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