The Swiss Federal Supreme Court’s recent decision underscores a pivotal issue in international arbitration: the parties’ duty to investigate the impartiality and independence of arbitrators. The case centered on a challenge to an arbitral award on the grounds that one arbitrator had previously represented the opposing party in unrelated proceedings in England.

The decision of the Court of Appeal 9th Civil Chamber numbered 2024/7673 E. and 2024/10230 K. published in the Official Gazette dated September 14, 2024 rules that foreign law is applicable to a Turkish employee working abroad.