A.________ v People's Republic of China (Swiss Federal Supreme Court 4A_100/2025; PCA Case No. 2019-39)

Procedural record

1. 24 January 2025Switzerland

   24 January 2025Switzerland

   Final Award of the arbitral tribunal in PCA Case No. 2019-39 dated 24 January 2025

   Award no.

   PCA Case No. 2019-39

   Decision summary

   The arbitral tribunal found that the People's Republic of China violated Article 5 of the 1986 United Kingdom–China investment treaty and ordered it to pay USD 26,045,613.90 in damages plus interest, 85% of the arbitration costs, USD 2,697,833.98 in costs advanced, and USD 17,468,955.20 in legal costs plus interest. It declined to reopen the jurisdictional phase and confirmed its jurisdiction decision.

   Participants

   People's Republic of China

   A.________

   1 year, 7 months and 9 days later · 586 days

2. 2 September 2026Switzerland

   2 September 2026Switzerland

   Judgment of the Swiss Federal Supreme Court in the case 4A_100/2025 dated 2 September 2026

   Swiss Federal Supreme Court

   Case no.

   4A_100/2025

   Decision summary

   The Swiss Federal Supreme Court dismissed the People's Republic of China's challenge to the final award insofar as admissible. It rejected the complaints concerning the tribunal's composition, the right to be heard, jurisdiction, and substantive public policy, and ordered China to pay CHF 67,000 in court costs and CHF 90,000 in compensation.

   Participants

   People's Republic of China

   Representative

   Felix Dasser (For: People's Republic of China)

   Representative

   Stefanie Pfisterer (For: People's Republic of China)

   Representative

   Oliver Mrose (For: People's Republic of China)

   A.________

   Representative

   Anya George (For: A.________)

   Representative

   Christopher Boog (For: A.________)

   Representative

   Daniella Anthony (For: A.________)

   Representative

   Moritz B. Kocher (For: A.________)

   Swiss Federal Supreme Court

   Judge

   Hurni

   Judge

   Kiss

   Judge

   Denys

   Judge

   Rüedi

   Judge

   May Canellas

   Court clerk

   Leemann

   Authorities cited

   12

   • Swiss Private International Law Act of 18 December 1987, RS 291
     statute
   • Swiss Federal Supreme Court Act (Swiss Federal Act on the Federal Supreme Court of 17 June 2005, RS 173.110)
     statute
   • Swiss Constitution (Swiss Federal Constitution)
     statute
   • European Convention on Human Rights
     treaty
   • UNCITRAL Arbitration Rules
     rules
   • United Kingdom–China investment treaty (Agreement concerning the Promotion and Reciprocal Protection of Investments between the United Kingdom and the People's Republic of China of 15 May 1986)
     treaty
   • BGE 150 III 280
     case-law
   • BGE 144 III 120
     case-law
   • BGE 138 III 322
     case-law
   • BGE 142 III 521
     case-law
   • BGE 136 III 605
     case-law
   • BGE 130 III 76
     case-law