Lawyers at Froriep argue here that it is the case. They list the reasons as follows:
- Antitrust claims are fully-arbitrable under Swiss law (at least when raised defensively, which is generally the case);
- Switzerland has taken a pro-arbitration stance on the interpretation of arbitration clauses (hence making it likely that antitrust claims will be seen as falling with the scope of such clauses);
- The Swiss Supreme Court has found that the non-application or incorrect application of a foreign antitrust statute (in that case, EU competition law) does not constitute a breach of Swiss public policy (i.e. Eco-Swiss does not apply);
- The standard of review applied by the Swiss Supreme Court to petitions for setting aside arbitral awards is limited in scope;
- Treble/punitive damages are available (which is rarely the case in other continental jurisdictions); and
- As Switzerland is not part of the EU, the decisions of Swiss arbitral tribunals are not subject to the review of the EU courts and the competition authorities.