Suisse : de la nature contraignante d'une procédure de médiation pré-arbitrale - RDE 07306
Auteur | Legal News |
Dans une décision rendue le 6 juin 2007, le Tribunal fédéral suisse s'est prononcé pour la première fois sur la "nature contraignante d'une procédure de médiation pré-arbitrale". En l'espèce, bien qu'il était prévu entre les parties que "toute controverse et tout différend [...] qui ne pourront pas être résolus à l'amiable (y compris la conciliation selon les règles de l'OMPI) devront être soumis a un Tribunal arbitral", l'une des parties a directement saisi le Tribunal, sans tenter la conciliation. Une initiative jugée prématurée par l'autre partie. Le Tribunal suisse a jugé que la clause susmentionnée n'imposait pas aux parties de tenir des "pourparlers transactionnels", lesquels avaient par ailleurs eu lieu sans résultats. Ainsi, pour le tribunal, cette clause visait en fait le règlement de médiation ad hoc de l'OMPI et que par ailleurs, rien n'empêchait le "défendeur de soumettre au demandeur...
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