Swiss Arbitration Decisions

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Found 377 result(s)
October 29, 2008

The Federal Tribunal refers to two arbitrations. As it happens, I was one of the arbitrators in one of the two and it might not be fully appropriate for me to comment or criticize the decision.

Accordingly, I will simply point out the issues the Federal Tribunal dealt with:

(i) Section 3 of the opinion deals with jurisdiction. The interesting part is at 3.3.1.2 at pages 10 – 11.

Case information

Docket number: 
4A_210/2008
Original language: 
French
Published: 
2009, ASA Bulletin 309
2 SwissIntArbRep 495 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
November 17, 2008

The opinion is of limited scholarly interest but it provides a good illustration of the “collective mind” of our Supreme Court.

Case information

Docket number: 
4A_438/2008
Original language: 
French
Published: 
29 ASA Bull 379 (2011)
2 SwissIntArbRep 535 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
December 5, 2008

The opinion is quite interesting, as you will see. For one thing, the appeal was granted in part, which does not happen very often and caused it to be reported on the web site of the Global Arbitration Review on April 22nd (see enclosed article). The case involved whether or not a sole arbitrator sitting in Switzerland had jurisdiction on three parties not having formally signed the arbitration clause, in view of an other closely related contract signed the same day.

Case information

Docket number: 
4A_376/2008
Original language: 
Italian
Published: 
27 ASA Bull 745 (2009)
also see 3 SwissIntArbRep 157 (2009)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
December 9, 2008

The decision dealt with the New York Convention and not with PILA stricto senso but I thought it would be of interest to most of you anyway.

Case information

Docket number: 
4A_403/2008
Original language: 
French
Published: 
27 ASA Bull 530 (2009)
135 ATF III 136 (2008)
also see 3 SwissIntArbRep 259 (2009)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
December 22, 2008

The case involved the Court of Arbitration for Sport (“CAS”) trying to deal with an application to the UEFA by Gibraltar. After a first CAS decision of October 22, 2003 pursuant to which the UEFA was ordered to decide on Gibraltar’s application, membership was denied by the UEFA Executive Committee and a new appeal was made to the CAS. On July 6, 2006 the CAS ordered UEFA to admit Gibraltar provisionally and to put the matter on the agenda of its next Congress, which again denied membership.

Case information

Docket number: 
4A_392/2008
Original language: 
French
Published: 
27 ASA Bull 547 (2009)
also see 3 SwissIntArbRep 1 (2009)
Parties
Counsel
PDF version of the translation: 
Chairman: 
January 9, 2009

Dodô v. Fédération Internationale de Football Association (FIFA) and World Anti-Doping Agency (WADA), to which Hansjörg Stutzer referred in his criticism of the Busch decision, involved the Brazilian player Ricardo Dodô . He tested positive after a random doping check in June 2007 and was suspended for 120 days by the Brazilian Football Confederation (CBF).

Case information

Docket number: 
4A_460/2008
Original language: 
German
Published: 
27 ASA Bull 540 (2009)
also see 3 SwissIntArbRep 41 (2009)
Parties
Counsel
PDF version of the translation: 
Chairman: 
January 22, 2009

This decision of the Swiss Federal Tribunal of January 22, 2009 involves sport arbitration and put an end to a dispute involving field hockey.

In April 2008 a qualifier competition for the Olympic Games was held in Baku, Azerbaijan. The Spanish and the Azerbaijan feminine teams played in the final and the Spanish team won. Anti-doping tests were conducted with two players of the Spanish team apparently showing positive results.

Case information

Docket number: 
4A_424/2008
Original language: 
French
Published: 
29 ASA Bull 178 (2011)
also see 3 SwissIntArbRep 57 (2009)
Parties
Counsel
PDF version of the translation: 
February 2, 2009

Case information

Docket number: 
4A_538/2008
Original language: 
German
February 4, 2009

Case information

Docket number: 
4A_540/2008
Original language: 
French
February 9, 2009

The decision is certainly an interesting one. It has already been commented by Antonio Rigozzi (Cahiers de l’Arbitrage  2009 / 2 p. 33) and by  Laurent Hirsch in the arbitration forum arbitrage-adr@yahoogroupes.fr in March 2009. The decision was also discussed by Hansjörg Stutzer in the Thouvenin newsletter at http://www.thouvenin.com/pages_e/frame/05aktuell.html

Case information

Docket number: 
4A_400/2008
Original language: 
French
Published: 
27 ASA Bull 495 (2009)
also see 3 SwissIntArbRep 77 (2009)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
February 19, 2009

The case involved a consortium between an Italian and a Dutch company to build some heat recovery steam generators for two electrical power plants in Egypt. On October 17, 2006, the Italian company, by then in liquidation, claimed some amounts from the other party. The sole arbitrator, Sebastien Besson, sitting in Geneva, granted part of the claim in an award of October 8, 2008 and an appeal to the Federal Tribunal was filed by the Italian company.

Case information

Docket number: 
4A_539/2008
Original language: 
French
Published: 
27 ASA Bull 801 (2009)
also see 3 SwissIntArbRep 115 (2009)
Parties
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
February 20, 2009

The decision is quite an unusual one as the case involves the late payment of a deposit to the Court of Arbitration for Sport (“CAS”) and whilst I can think of several cases – of no great scholarly interest incidentally – where a payment was made too late to the Federal Tribunal, I suspect this is the only one involving late payment to an arbitral institution.

Case information

Docket number: 
4A_600/2008
Original language: 
French
Published: 
27 ASA Bull 568 (2009)
also see 3 SwissIntArbRep 91 (2009)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
March 17, 2009

On March 17, 2009, the Swiss Federal Tribunal issued an opinion in the matter of the Azerbaijan Wrestling Federation (“AWF”) v. the World Anti-Doping Agency (“WADA”) and the International Federation of Associated Wrestling Styles (“FILA”).

Case information

Docket number: 
4A_416/2008
Original language: 
German
Published: 
28 ASA Bull 367 (2010)
also see 3 SwissIntArbRep 219 (2009)
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
March 27, 2009

Case information

Docket number: 
4A_44/2009
Original language: 
French
March 31, 2009

French speakers subscribing to arbitrage-adr@yahoogroupes.fr will remember that Domitille Baizeau commented the decision in late May and readers of Global Arbitration Review may have noticed Philip Landolt's criticism of the decision in 4 Issue 5 Global Arbitration Review 30-32 (2009). Whilst appreciating the points he made, I do not fully agree with Philip's view as will be clear from the following.

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