Swiss Arbitration Decisions

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Lack of jurisdiction of the CAS - arbitration clause by reference

November 6, 2009

The decision is an interesting one because the Federal Tribunal annulled the jurisdictional award issued by the CAS on June 23, 2009. Those of you who receive Hansjörg Stutzer’s excellent newsletter will have read his comments and the case is most likely to be discussed in further legal writing in the months ahead.

ICC award annulled for breach of the right to be heard; post-hearing brief overlooked by the sole Arbitrator

January 31, 2012

This quite interesting opinion dated January 31st, 2012, involved a supply and joint venture agreement between an American and another company, essentially purporting to provide for exclusive distribution rights in the Nafta area.

Federal Tribunal recalls that a litigant needs to have a present interest to appeal to obtain the annulment of an arbitral award

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.

Application to set aside rejected by the Federal Tribunal. A party considering that its right to be heard has been breached must protest immediately

September 19, 2012

Except for the fact that some of you might be interested to learn that the game of chess is actually a “sport” for arbitration purposes, the opinion is of limited interest.

The matter involved the selection of the National Federation of the European Chess Union that would host the 2013 tournaments organized by the ECU.

The right to be heard does not encompass the right to an accurate award

April 23, 2013

The case involved a contract between a Swiss and an Israeli company whereby the Swiss company would obtain certain compensation for the early termination of its distribution rights of a pharmaceutical in Israel and other territories.

The contract contained an ICC arbitration clause with venue in Zurich.

Swiss Arbitration Decisions

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