Swiss Arbitration Decisions

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Found 2 result(s)
October 10, 2008

The decision is quite interesting as the case involved work on a plant in Turkey, for which, among other things a bank guarantee had been issued. The parties fell out, attempts were made at calling the guarantee and an ICC arbitration ensued. The Arbitral Tribunal (Dr. Daniel Busse, Dr. Gert Thoenen and Dr. Philipp Habegger as chairman) issued a partial award on April 9, 2008.

Case information

Docket number: 
4A_224/2008
Original language: 
German
Published: 
27 ASA Bull 290 (2009)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
February 1, 2016

In a share purchase agreement governed by German law and providing for ICC arbitration in Zürich, a dispute arose, involving a possible adjustment to the purchase price. In case of disagreement, the price adjustment was to be assessed by a “neutral auditor” whose determination would be “binding.” The parties could not reach an understanding and there was arbitration with claims and counterclaims.

Case information

Docket number: 
4A_428/2015
Original language: 
German
Published: 
ASA 2016, p. 718
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: