Swiss Arbitration Decisions

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Found 11 result(s)
April 13, 2010

The case involved essentially a trademark dispute relating to the ownership of stock and the termination of a license agreement. The agreement was governed by Dutch law and the arbitration took place in Geneva on the basis of the Expedited Arbitration Rules of the WIPO. Pascal Hollander was appointed as sole arbitrator.

Case information

Docket number: 
4A_582/2009
Original language: 
French
Published: 
28 ASA Bull 598 (2010)
136 ATF III 200 (2010)
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
May 3, 2010

This opinion of the Swiss Federal Tribunal involves a long-distance runner that the International Association of Athletics Federations (“IAAF”) banned from late April 25, 2006 until early December 2008 for using 19-Norandrosterone. Prizes and medals related to the 2006 Seoul Marathon were revoked.

Case information

Docket number: 
4A_456/2009
Original language: 
German
Published: 
28 ASA Bull 786 (2010)
Parties
Appellant: 
Respondent: 
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: 
April 6, 2011

The case involved a contract signed in 2006 (“the Protocol”) by which certain shares were assigned by a Luxemburg company to a French company. Litigation in French Courts ensued and in November 2009, the Luxemburg company initiated arbitration proceedings in Switzerland pursuant to an ICC clause contained in the Protocol.

 

Case information

Docket number: 
4A_614/2010
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
April 11, 2011

Luis Fernandez, the well-known French football coach was hired by a football club in Qatar in 2005 but he terminated his employment with that Club a few months later. He agreed to pay an amount of EUR 400,000 to the Qatari Club as a consequence of the termination. He did so in January 2006, upon his representative being given by fax the name of a Curacao company and a bank account in Geneva. The payment was apparently made by a Seychelles company on behalf of the coach.

 

Case information

Docket number: 
4A_604/2010
Original language: 
French
Published: 
31 ASABull 89 (2013)
Parties
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 
April 19, 2011

The case involved a complicated dispute between the partners of a private bank a plan to carry out a complex set of agreements. This triggered the first arbitration, held in Geneva on the basis of the applicable arbitration clause. In July 2009, a new arbitration was initiated.

Case information

Docket number: 
4A_44/2011
Original language: 
French
Published: 
30 ASA Bull 659 (2012)
Parties
Appellant: 
Counsel
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
June 18, 2012

This decision dated June 18, 2012 is of limited interest and should really be read only if you are actively involved in sport arbitration.

A young Polish karting driver took part in a competition in Germany in July 2010. He was 12 years old at the time but tested positive for Nikethamide, an illicit substance. The medical panel of the Anti-Doping Committee of the Fédération Internationale de l’Automobile banned him from competition for two years and annulled his results.

Case information

Docket number: 
4A_636/2011
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
July 16, 2012

While not addressing any fundamental legal issues, the opinion is nonetheless interesting and its recital of facts provides entertaining reading for those interested in sport arbitration.

April 1, 2016

The case involved a professional football player who had played for three clubs – despite the fact that the FIFA Regulations on the Status and Transfer of Players limit a player’s ability to enter official games on behalf of more than two clubs during the same season.

 

Case information

Docket number: 
4A_620/2015
Original language: 
French
Published: 
35 ASA Bull 763 (2017)
Parties
Counsel
PDF version of the translation: 
September 19, 2017

The case involved a final award of 23 November, 2016, issued by an Arbitral Tribunal chaired by Antonio Rigozzi, sitting with arbitrators Pierre-Yves Tschanz and Tetiana Bersheda. The arbitration was under the aegis of the Swiss Chambers' Arbitration Institution, governed by Swiss law and the venue was in Geneva.

Case information

Docket number: 
4A_12/2017
Original language: 
French
Published: 
36 ASA Bulle 173 (2018), ATF 143 III 578
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
November 16, 2018

This case involves the well-known (at least, to all football aficionados) case of the Peruvian football player Paolo Guerrero. He was sanctioned for an anti-doping rule violation with a suspension of 14 months by the CAS, under the rather unusual circumstances of consuming tea with coca leaves. The CAS Award was rendered in appeal against a decision of the FIFA Appeals Committee that had initially suspended the Player for six months (see also CAS 2018/A/5571).

 

Case information

Docket number: 
4A_560/2018
Original language: 
French
Parties
Counsel
PDF version of the translation: