Swiss Arbitration Decisions

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Found 377 result(s)
March 8, 2010

Case information

Docket number: 
4A_102/2009
Original language: 
Italian
March 10, 2010

This opinion of the Federal Tribunal of March 10, 2010, is related to sport arbitration, which nowadays tends to become the main “provider” of appeals to the Swiss Federal Tribunal. This is due to the fact that the Court of Arbitration for Sport (CAS) is based in Lausanne (Switzerland). Also, there are numerous sport arbitrations, some of which inevitably find their way to the Federal Tribunal, including some cases in which it is clear that an appeal should not have been filed at all.

Case information

Docket number: 
4A_4/2010
Original language: 
Italian
Published: 
28 ASA Bull 848 (2010)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
March 18, 2010

The case involved a French and an Italian company, which had entered into a series of joint venture agreements in a project involving the production of aircraft.

 

A dispute arose as to the modalities of invoicing and costs. An ICC arbitration was initiated by the French company on December 18, 2007 and the arbitration was conducted in Lausanne under French law. The Arbitral Tribunal consisted of Piero Bernardini and myself with Bernard Hanotiau as Chairman.

 

Case information

Docket number: 
4A_584/2009
Original language: 
French
Published: 
29 ASA Bull 426 (2011)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
March 22, 2010

Case information

Docket number: 
4A_566/2009
Original language: 
German
April 12, 2010

The decision of the Federal Tribunal of April 12, 2010 relates the matter of Yücel KOP v. International Association of Athletics Federations (IAAF) and Turkish Athletic Federation (TAF).

As sport arbitration cases go, this one is quite interesting because it raises some delicate issues, which the Federal Tribunal disposed of without perhaps reviewing them as far in depth as it could have.

Case information

Docket number: 
4A_624/2009
Original language: 
French
Published: 
29 ASA Bull 159 (2011)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
April 13, 2010

The case involved essentially a trademark dispute relating to the ownership of stock and the termination of a license agreement. The agreement was governed by Dutch law and the arbitration took place in Geneva on the basis of the Expedited Arbitration Rules of the WIPO. Pascal Hollander was appointed as sole arbitrator.

Case information

Docket number: 
4A_582/2009
Original language: 
French
Published: 
28 ASA Bull 598 (2010)
136 ATF III 200 (2010)
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
April 13, 2010

The decision of the Swiss Federal Tribunal of April 13, 2010 is truly a historical decision because for the first time since PILA came into force in 1989, the Federal Tribunal has set aside an international arbitral award for a violation of public policy.

Case information

Docket number: 
4A_490/2009
Original language: 
German
Published: 
28 ASA Bull 511 (2010)
136 BGE III 345 (2010)
Parties
Counsel
PDF version of the translation: 
Chairman: 
April 13, 2010

Case information

Docket number: 
4A_644/2009
Original language: 
French
April 26, 2010

Case information

Docket number: 
4A_80/2010
Original language: 
French
May 3, 2010

This opinion of the Swiss Federal Tribunal involves a long-distance runner that the International Association of Athletics Federations (“IAAF”) banned from late April 25, 2006 until early December 2008 for using 19-Norandrosterone. Prizes and medals related to the 2006 Seoul Marathon were revoked.

Case information

Docket number: 
4A_456/2009
Original language: 
German
Published: 
28 ASA Bull 786 (2010)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
May 7, 2010

This decision the Federal Tribunal issued on May 7, 2010 involves two international Russian biathletes belonging to the Russian National Biathlon Team, who were tested for illicit substances at the end of 2008 and found positive.

The International Biathlon Union Doping Hearing Panel suspended the biathletes for two years from the date of the tests and an appeal was made to the Court of Arbitration for Sport (“CAS”).

Case information

Docket number: 
4A_620/2009
Original language: 
French
Published: 
28 ASA Bull 658 (2010)
Parties
Counsel
PDF version of the translation: 
May 26, 2010

The case is quite interesting because  most of the appeals of which the Swiss Supreme Court is seized against international arbitral awards are rejected, but this one was granted in part and the award was annulled.

Case information

Docket number: 
4A_433/2009
Original language: 
French
Published: 
29 ASA Bull 673 (2011)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
June 2, 2010

The case involved a dispute between the Ukrainian Football Club Shakhtar Donetsk (“Shakhtar”) and the Spanish Club Real Zaragoza, as well as the Brazilian player Matuzalem Da Silva.

Da Silva, on loan from Zaragoza, was transferred from an Italian Club to Shakhtar in 2004. In 2007, an offer was made by an Italian club which Shakhtar rejected. Da Silva then terminated his employment with Shakhtar and signed a new contract with Zaragoza.

Case information

Docket number: 
4A_320/2009
Original language: 
German
Published: 
28 ASA Bull 822 (2010)
Parties
Counsel
PDF version of the translation: 
June 10, 2010

This opinion of the Swiss Supreme Court, dated June 10, 2010, is somewhat unusual because the Court chose to mention the names of the parties in the text published on the Court’s website. Readers of the decisions of the Swiss Federal Tribunal know that the names are generally omitted, except in cases involving public figures and this seems to have been the reason in this case as the Appellant was the well-known football player Adrian Mutu.

Case information

Docket number: 
4A_458/2009
Original language: 
French
Published: 
28 ASA Bull 520 (2010)
Parties
Appellant: 
Counsel
PDF version of the translation: 
Chairman: 
June 14, 2010

Case information

Docket number: 
4A_510/2009
Original language: 
German

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