In Chrome Resources S.A. v. Leopold Lazarus Ltd., the Swiss Federal Tribunal rejected a challenge that the arbitral tribunal had consulted an expert in the absence of the parties, finding that the party's attempt to raise this objection at the enforcement stage was in bad faith and constituted an abuse of rights.920
Courts in England, 921 Germany, 922 Greece, 923 and the United States924 have similarly barred a party from asserting any defect of the arbitral procedure at a
later stage if it had the opportunity to raise a reservation in a timely manner
during the arbitral
proceedings.