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Zum Erfordernis des Binnenbezugs beim Staatenarrest, insbesondere beim Titelarrest i.S.v. Art. 271 Ziff. 6 SchKG bei ausländischen Schiedssprüchen

The Swiss Federal Supreme Court for the first time assessed the relation between the New York Convention and a foreign state’s sovereign immunity. The court held that a foreign arbitral award could only be enforced against Swiss assets of a foreign state if, amongst other conditions, the claim referred to arbitration had no relevant connection to Switzerland. The «connection» criterion had been developed by the court in the first half of the last century in the ambit of enforcement efforts against foreign states that did not relate to arbitral awards. This note submits that the court’s reliance on the «connection» criterion is at odds with the New York Convention, which promotes the enforcement of foreign arbitral awards. It also submits that the «connection» criterion is outdated and that it is debatable whether it serves a meaningful purpose.