Swiss Arbitration Decisions

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Found 377 result(s)
November 24, 2009

The case involved a well-known German jump rider whose horse tested positive for Capsaicin during the riding competitions of the 2008 Summer Olympics in Hong-Kong. Capsaicin is an irritant, which produces a burning sensation on any tissue and it is basically the active component of chilli peppers. The rider was suspended on August 22, 2008 and he explained that the horse had been suffering from chronical back pains for a while, thus justifying the use of an ointment containing Capsaicin.

Case information

Docket number: 
4A_284/2009
Original language: 
German
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
December 16, 2009

This opinion of the Federal Tribunal, dated December 16, 2009, relates to an arbitration in Zurich based on a 2001 contract concerning the delivery of hydrofluoric acid.

The contract was governed by Swiss law. Arbitration proceedings were initiated in Zurich in February 2006 and on April 3, 2009 the ICC Arbitral Tribunal issued an award granting part of the claims and rejecting the counterclaim.

Case information

Docket number: 
4A_240/2009
Original language: 
German
Published: 
30 ASA Bull 457 (2011)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
January 6, 2010

The case involved an ICC arbitration in Zurich between the successors of a Romanian company, which had entered into a contract with a consortium composed of a Finnish and a German company for the rehabilitation and the modernization of a power plant in Romania. The Consortium initiated arbitral proceedings and a three-arbitrator panel was constituted (Mark Blessing as Chairman, with Andreas Reiner and Victor Tanarescu as arbitrators).

Case information

Docket number: 
4A_348/2009
Original language: 
French
Published: 
28 ASA Bull 772 (2010)
Parties
Counsel
PDF version of the translation: 
Chairman: 
January 6, 2010

A football club (Le Sportif de Toluca Football Clubs SA) and a player (Christian Gimenez) entered into an employment contract on August 1st, 2007. The contract was terminated in the summer of 2008 and the player sued. The national federation involved partially granted the player’s claim for lost salary and in an award of April 24, 2009 the CAS, to which both parties had appealed, ordered the club to pay a substantial amount.

Case information

Docket number: 
4A_260/2009
Original language: 
French
Published: 
28 ASA Bull 272 (2010)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
January 11, 2010

The Swiss Supreme Court issued on January 11, 2010 two opinions (4A_256/2009 and 4A_258/2009) regarding appeals with very similar and involved only one context of facts. The opinions are accordingly almost identical and one need not read both of them as one will be sufficient.

Case information

Docket number: 
4A_258/2009
Original language: 
German
Published: 
28 ASA Bull 540 (2010)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
January 11, 2010

The Swiss Supreme Court issued on January 11, 2010 (4A_258/2009) two opinions regarding appeals with very similar and involved only one context of facts. The opinions are accordingly almost identical and one need not read both of them as one will be sufficient.

Case information

Docket number: 
4A_256/2009
Original language: 
German
Published: 
28 ASA Bull 552 (2010) (extract)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
January 20, 2010

The opinion issued the Federal Tribunal issued on January 20, 2010 regards the jurisdictional issues in connection with the case of Essam El Hadary v. Al-Ahly Sporting Club and FC Sion.

The case involves a jurisdictional award of the Court of Arbitration for Sport (CAS) issued on October 7, 2009. The CAS was composed of Ulrich Haas, Olivier Carrard (a partner at ZPG), and Massimo Coccia as Chairman.

Case information

Docket number: 
4A_548/2009
Original language: 
French
Published: 
28 ASA Bull 64 (2010)
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
January 27, 2010

Case information

Docket number: 
4A_562/2009
Original language: 
French
January 29, 2010

The case involved a dispute between a Swiss and a German company with regard to the delivery of a steel bloom. Arbitration was initiated in Geneva and Prof. Ingeborg Schwenzer (University of Basel) was appointed as arbitrator. In an award of October 5, 2009, she upheld a claim for damages and the German company appealed to the Federal Tribunal.

The following items may be of interest in the opinion:

Case information

Docket number: 
4A_550/2009
Original language: 
German
Published: 
30 ASA Bull 808 (2012)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
February 4, 2010

Case information

Docket number: 
4A_574/2009
Original language: 
German
February 10, 2010

The decision of February 10, 2010 again originated from sport arbitration and as you will see from the text of the opinion, the Swiss Federal Tribunal took the somewhat unusual step of actually mentioning the names of the parties in the decision published on the website of the Federal Tribunal.

Case information

Docket number: 
4A_612/2009
Original language: 
German
Published: 
28 ASA Bull 612 (2010)
Parties
Counsel
PDF version of the translation: 
Chairman: 
February 11, 2010

The case involved two companies, the names of which are omitted, as is standard practice for the Federal Tribunal. However, a clerical mistake on the Court’s website indicates that the Respondent was Aventis and the Appellant was an Israeli company.

 

The dispute involved a distribution agreement pursuant to which an ICC arbitration was initiated in Zurich in 2006. The Arbitral Tribunal was composed of Rudolf Fiebinger as chairman, with Uriel Lynn, Jodk Wicki as arbitrators.

Case information

Docket number: 
4A_444/2009
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
February 15, 2010

The case involved a 1998 contract between a French group and a Turkish company, subsequently substituted by an agency of the Turkish government, for the supply of a certain number of missiles and firing units. The contract provided for ICC arbitration in Zurich and also for an advanced payment of the purchase price by way of instalments amounting to 55 % of the total price, subject to an obligation to return such amounts in case of breach.

Case information

Docket number: 
4A_464/2009
Original language: 
French
Published: 
28 ASA Bull 282 (2010)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
February 17, 2010

The matter is frankly of very limited interested. The case – again in the field of sports arbitration – involved a Romanian athlete who was sanctioned for violating anti-doping rules. An appeal was made, apparently not through counsel. The appeal was late and insufficiently argued in any event.

Case information

Docket number: 
4A_628/2009
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 
March 5, 2010

The case involved a Sport Federation and a press conference. While the Federal Tribunal, in accordance with its practice, made it impossible to identify the parties from the opinion as published on its website, a little bit of sleuthing on Google quickly shows that the case involved the press conference held by Mr. Rudel Obreja, a Romanian technical delegate, at the 2008 Beijing Olympics in connection with some alleged misdeeds within the International Boxing Association.

Case information

Docket number: 
4A_524/2009
Original language: 
French
Published: 
28 ASA Bull 584 (2010)
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
Arbitrator (s): 

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