Swiss Arbitration Decisions

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Found 20 result(s)
March 14, 2008

The case involved a petition to the Federal Tribunal for the revision of an international award issued by Swiss arbitrator Martin Bernet in Zurich on February 23, 2007. As you know, Swiss case law has determined that the revision of international awards falls within the jurisdiction of the Federal Tribunal. The case is interesting because after the award was issued, the petitioner discovered in its own archives a number of documents, which could have established that bribery had taken place.

Case information

Docket number: 
4A_42/2008
Original language: 
German
Published: 
2 SwissIntArbRep 153 (2008)
134 BGE III 286 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
April 4, 2008

The case involved a request for revision of an arbitral award issued on August 7, 2007 by the Court of Arbitration for Sport ("CAS") with three arbitrators sitting, Luigi Fumagalli, Jose Juan Pintó Sala and Chairman Jan Paulsson. The award was not appealed but some months later an application was made for revision, supposedly because one of the arbitrators was not independent.

Case information

Docket number: 
4A_528/2007
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
Chairman: 
August 14, 2008

The case involves an attempt at obtaining revision of an award of the Court of Arbitration for Sport (CAS) of April 16, 2008, in which the sole arbitrator rejected a claim for a commission on the transfer of a football player. Revision was sought on the basis of subsequent discovery of an alleged lack of impartiality of the arbitrator (see at 2.2.2).

Case information

Docket number: 
4A_234/2008
Original language: 
French
Published: 
29 ASA Bull 512 (2009)
also see 2 SwissIntArbRep 303 (2008)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
October 6, 2009

The decision is certainly a historic one. For the first time ever, the Swiss Supreme Court has decided to accept a petition for revision and order an international arbitral award annulled because the arbitrators were fraudulently misled.

Case information

Docket number: 
4A_596/2008
Original language: 
French
Published: 
28 ASA Bull 318 (2010)
also see 3 SwissIntArbRep 401 (2009)
Parties
Counsel
PDF version of the translation: 
October 13, 2009

The case involved a Russian racing cyclist, Vladimir Gusev and a Belgian Company, Olympus SARL. Olympus hired Gusev for two years on November 15, 2007 and the contract was governed by Swiss law. On July 23rd, 2008, Olympus terminated the contract, alleging that a medical report seriously suggested that the cyclist had taken exogenous EPO.

Case information

Docket number: 
4A_352/2009
Original language: 
French
Published: 
28 ASA Bull 634 (2010), 639
also see 3 SwissIntArbRep 441, 453 (2009)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
November 24, 2009

The case involved a well-known German jump rider whose horse tested positive for Capsaicin during the riding competitions of the 2008 Summer Olympics in Hong-Kong. Capsaicin is an irritant, which produces a burning sensation on any tissue and it is basically the active component of chilli peppers. The rider was suspended on August 22, 2008 and he explained that the horse had been suffering from chronical back pains for a while, thus justifying the use of an ointment containing Capsaicin.

Case information

Docket number: 
4A_284/2009
Original language: 
German
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
September 28, 2010

The matter of the well-known German speed skater Claudia Pechstein was already the subject of a Court of Arbitration for Sport (CAS) award of November 25, 2009, which was appealed to the Federal Tribunal. The appeal was rejected. Please refer to

Case information

Docket number: 
4A_144/2010
Original language: 
German
Published: 
29 ASA Bull 47 (2011)
Parties
Counsel
PDF version of the translation: 
Chairman: 
October 6, 2010

Whilst all international arbitration opinions of the Swiss Federal Tribunal are worthy of interest, this one is unlikely to be the most fascinating you will ever read !

The case dates back to October 6, 2010 and the opinion arrived on the website of the Court some weeks later.

Case information

Docket number: 
4A_237/2010
Original language: 
German
Published: 
29 ASA Bull 141 (2011)
Parties
Appellant: 
Counsel
PDF version of the translation: 
Chairman: 
January 3, 2011

This decision of the Swiss Supreme Court is the third in the matter of the Spanish cyclist Alejandro Valverde Belmonte.

 

There was a first decision dated October 29, 2010 (4A_234/2010). The first Belmonte decision was quite interesting because it raised the issue of the degree of independence and impartiality expected from a party-appointed arbitrator.

 

Case information

Docket number: 
4A_420/2010
Original language: 
French
Published: 
29 ASA Bull 712 (2011)
Parties
Counsel
PDF version of the translation: 
August 22, 2011

This case is mildly interesting and it involves revision of an international arbitral award.

 

Hearing a dispute between two football clubs with regard to training compensation for a player, the Dispute Resolution Chamber of FIFA(“DRC”) issued a decision in March 2009, pursuant to which one of the club was ordered to pay EUR 480,000 to the other club. An appeal was made to the Court of Arbitration for Sport and a sole arbitrator was appointed.

 

Case information

Docket number: 
4A_222/2011
Original language: 
French
Published: 
31 ASA Bull 83 (2013)
Parties
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
July 23, 2012

This quite interesting opinion involved two arbitrations. The first was a BIT arbitration which led to an award of July 1st, 2009 ordering the state concerned (the Kingdom of Thailand) to pay € 29.21 million to a German company pursuant to the BIT between Thailand and Germany. That award is available on the Internet (www.iareporter.com) and the arbitral tribunal comprised Marc Lalonde, Jayavadh Bunnag, and Ian Barker as chairman.
 

Case information

Docket number: 
4A_570/2011
Original language: 
French
Parties
Appellant: 
Counsel
PDF version of the translation: 
Chairman: 
August 21, 2012

The opinion which is of very little interest involved arbitral proceedings with regard to a sponsorship contract for a cycling team. In a July 25, 2011 award, an ad hoc arbitral tribunal found that the sponsor was not entitled to terminate the sponsorship agreement it had with a Spanish company managing the cycling team.

Case information

Docket number: 
4A_750/2011
Original language: 
Italian
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
October 13, 2009

The case involved a Russian racing cyclist, Vladimir Gusev and a Belgian Company, Olympus SARL. Olympus hired Gusev for two years on November 15, 2007 and the contract was governed by Swiss law. On July 23rd, 2008, Olympus terminated the contract, alleging that a medical report seriously suggested that the cyclist had taken exogenous EPO.

Case information

Docket number: 
4A_368/2009
Original language: 
French
Published: 
28 ASA Bull 634 (2010), 639
also see 3 SwissIntArbRep 441, 453 (2009)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
June 3, 2013

The case involved a dispute between two French companies for the renovation work done on a hotel in the French Antilles.

Case information

Docket number: 
4A_666/2012
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 

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