Question juridique clé
Whether the arbitral award was rendered after the arbitrator’s mandate had expired and was therefore invalid under Swiss arbitration law.
Solution extraite
The arbitrator’s powers ended on 2013-09-02 at 17:00 pursuant to the parties’ tripartite agreement; the award notified on 2013-09-03 was rendered out of time and had to be annulled.
Motifs extraits
The court interpreted the exchange of letters and emails as a concordant agreement by both parties and the arbitrator to end the mandate if no award was received by the deadline. A late award exceeds the temporal scope of jurisdiction and is an annulable procedural defect, addressed under art. 190(2)(b) LDIP.