Swiss Federal Supreme Court affirms that parties may forgo the New York Convention for the recognition and enforcement of their arbitral awards

In a judgment handed down on 17 June 2021, the Swiss Federal Supreme Court dismissed an appeal against a Cantonal Court decision which favoured the provisions in the ‘Convention between Switzerland and Belgium on the Recognition and Enforcement of Judicial Decisions and Arbitral Awards, 1959’ (CSB) over those found in the ‘New York Convention, 1958’ (NYC) in granting an application to recognise and enforce an arbitral award.