Swiss Arbitration Decisions

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Found 29 result(s)
January 9, 2009

Dodô v. Fédération Internationale de Football Association (FIFA) and World Anti-Doping Agency (WADA), to which Hansjörg Stutzer referred in his criticism of the Busch decision, involved the Brazilian player Ricardo Dodô . He tested positive after a random doping check in June 2007 and was suspended for 120 days by the Brazilian Football Confederation (CBF).

Case information

Docket number: 
4A_460/2008
Original language: 
German
Published: 
27 ASA Bull 540 (2009)
also see 3 SwissIntArbRep 41 (2009)
Parties
Counsel
PDF version of the translation: 
Chairman: 
January 22, 2009

This decision of the Swiss Federal Tribunal of January 22, 2009 involves sport arbitration and put an end to a dispute involving field hockey.

In April 2008 a qualifier competition for the Olympic Games was held in Baku, Azerbaijan. The Spanish and the Azerbaijan feminine teams played in the final and the Spanish team won. Anti-doping tests were conducted with two players of the Spanish team apparently showing positive results.

Case information

Docket number: 
4A_424/2008
Original language: 
French
Published: 
29 ASA Bull 178 (2011)
also see 3 SwissIntArbRep 57 (2009)
Parties
Counsel
PDF version of the translation: 
February 2, 2009

Case information

Docket number: 
4A_538/2008
Original language: 
German
February 4, 2009

Case information

Docket number: 
4A_540/2008
Original language: 
French
February 9, 2009

The decision is certainly an interesting one. It has already been commented by Antonio Rigozzi (Cahiers de l’Arbitrage  2009 / 2 p. 33) and by  Laurent Hirsch in the arbitration forum arbitrage-adr@yahoogroupes.fr in March 2009. The decision was also discussed by Hansjörg Stutzer in the Thouvenin newsletter at http://www.thouvenin.com/pages_e/frame/05aktuell.html

Case information

Docket number: 
4A_400/2008
Original language: 
French
Published: 
27 ASA Bull 495 (2009)
also see 3 SwissIntArbRep 77 (2009)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
February 19, 2009

The case involved a consortium between an Italian and a Dutch company to build some heat recovery steam generators for two electrical power plants in Egypt. On October 17, 2006, the Italian company, by then in liquidation, claimed some amounts from the other party. The sole arbitrator, Sebastien Besson, sitting in Geneva, granted part of the claim in an award of October 8, 2008 and an appeal to the Federal Tribunal was filed by the Italian company.

Case information

Docket number: 
4A_539/2008
Original language: 
French
Published: 
27 ASA Bull 801 (2009)
also see 3 SwissIntArbRep 115 (2009)
Parties
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
February 20, 2009

The decision is quite an unusual one as the case involves the late payment of a deposit to the Court of Arbitration for Sport (“CAS”) and whilst I can think of several cases – of no great scholarly interest incidentally – where a payment was made too late to the Federal Tribunal, I suspect this is the only one involving late payment to an arbitral institution.

Case information

Docket number: 
4A_600/2008
Original language: 
French
Published: 
27 ASA Bull 568 (2009)
also see 3 SwissIntArbRep 91 (2009)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
March 17, 2009

On March 17, 2009, the Swiss Federal Tribunal issued an opinion in the matter of the Azerbaijan Wrestling Federation (“AWF”) v. the World Anti-Doping Agency (“WADA”) and the International Federation of Associated Wrestling Styles (“FILA”).

Case information

Docket number: 
4A_416/2008
Original language: 
German
Published: 
28 ASA Bull 367 (2010)
also see 3 SwissIntArbRep 219 (2009)
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
March 27, 2009

Case information

Docket number: 
4A_44/2009
Original language: 
French
March 31, 2009

French speakers subscribing to arbitrage-adr@yahoogroupes.fr will remember that Domitille Baizeau commented the decision in late May and readers of Global Arbitration Review may have noticed Philip Landolt's criticism of the decision in 4 Issue 5 Global Arbitration Review 30-32 (2009). Whilst appreciating the points he made, I do not fully agree with Philip's view as will be clear from the following.

April 8, 2009

The case involved a consulting agreement, which led to arbitration in Zurich. The sole arbitrator (Swiss lawyer Martin Bernet, a highly regarded arbitrator) assumed jurisdiction in 2005 and also held that the consulting agreement was valid in a subsequent award in 2007. New evidence was discovered and a request for revision was filed in 2008. The Federal Tribunal rejected the request for revision on March 14, 2008.

Case information

Docket number: 
4A_69/2009
Original language: 
German
Published: 
28 ASA Bull 124 (2010)
also see 3 SwissIntArbRep 205 (2009)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
May 5, 2009

Case information

Docket number: 
4G_1/2009
Original language: 
German
June 2, 2009

Case information

Docket number: 
4A_127/2009
Original language: 
French
June 9, 2009

On November 6, 2001, INFRONT SPORT AND MEDIA AG (“INFRONT”), a Swiss company specializing in the marketing of advertising rights in the field of sports and the Belarus Football Federation (“BFF”) entered into a contract giving INFRONT certain broadcasting and advertising rights for the home plays of the national Belarus football team between 2002 and 2007.

Case information

Docket number: 
4A_94/2009
Original language: 
German
Published: 
28 ASA Bull 352 (2010)
Parties
Appellant: 
Respondent: 
Counsel
Arbitrator (s): 
June 9, 2009

The case involved a 2005 contract between a Hungarian company (“OAM”) and a Swiss company (“FUCHS”), according to which OAM’s electric steel plant was to be modernized by FUCHS. Various provisions were adopted as to the payment of instalments and also with regard to the acceptance of the work.

Case information

Docket number: 
4A_108/2009
Original language: 
German
Published: 
28 ASA Bull 553 (2010)
also see 3 SwissIntArbRep 281 (2009)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 

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