Swiss Arbitration Decisions

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Jurisdictional objection partially upheld by the Federal Tribunal. When a jurisdictional defense based on the arbitration agreement is raised before a state court and the arbitral tribunal has its seat in Switzerland, the state court’s power of review is limited
August 6, 2012

The case involved an asset manager in Zurich and a German lady, who became his client. There was an arbitration clause and the contract between the parties contemplated that a foundation would be constituted in Panama. That foundation would in its turn entrust the portfolio manager with a mandate to manage the funds deposited with a Swiss bank. The parties to the contract were the portfolio manager, a Panamanian company, another person and the client.

Case information

Docket number: 
4A_119/2012
Original language: 
German
Published: 
30 ASA Bull 864 (2012)
Parties
Appellant: 
X.__ AG
Respondent: 
Y.__
Counsel
Appellant: 
Burkhardt Martin
Moser Robine
Respondent: 
Jegher Gion
PDF version of the translation: 
PDF icon 6 août 2012 4A 119 2012.pdf
The alleged inexistence of the other party justifies a plea of lack of jurisdiction
December 11, 2012

At issue was a dispute governed by Swiss law between two companies and there was an ICC arbitration clause (1998 ICC Rules) providing for ICC arbitration in Geneva.

 

A three members arbitral tribunal was constituted (Jean de Hauteclocque and Albert Dupont-Willemin as arbitrators, with Guy Keutgen as chairman) and two preliminary awards were issued by the arbitrators.

 

Case information

Docket number: 
4A_414/2012
Original language: 
French
Parties
Appellant: 
X.__
Respondent: 
Z.__
Counsel
Appellant: 
Burkhardt Martin
Respondent: 
Monfrini Enrico
PDF version of the translation: 
PDF icon 11 decembre 2012 4A 414 2012.pdf
Chairman: 
Guy Keutgen
Arbitrator (s): 
Jean de Hauteclocque
Albert Dupont-Willemin
Domestic case or appeal withdrawn or manifestly inadmissible
April 29, 2013

Case information

Docket number: 
4A_512/2011
Original language: 
French
Parties
Appellant: 
X.__
Respondent: 
Z.__ Ltd
Counsel
Appellant: 
Burkhardt Martin
Rossel Vanessa
Respondent: 
Monfrini Enrico
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.

 

Case information

Docket number: 
4A_672/2012
Original language: 
German
Parties
Appellant: 
X.__ Ltd.
Respondent: 
Y.__ GmbH
Counsel
Appellant: 
Burkhardt Martin
Respondent: 
Hochstrasser Daniel
Jaisli Kull Nadja
PDF version of the translation: 
PDF icon 23 avril 2013 4A 672 2012.pdf
Chairman: 
Nater Hans
Arbitrator (s): 
Naef Monika
Karre Pierre