Swiss Arbitration Decisions

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Found 377 result(s)
June 22, 2010

Case information

Docket number: 
4A_338/2010
Original language: 
German
June 22, 2010

Case information

Docket number: 
4A_162/2010
Original language: 
German
June 28, 2010

Case information

Docket number: 
4A_71/2010
Original language: 
French
July 28, 2010

The case does not relate to an appeal against an arbitral award stricto sensu. It is actually a New York Convention case, and as there are not many in Swiss practice, we thought it was worth making it available to our readers.

 

Case information

Docket number: 
4A_233/2010
Original language: 
French
Published: 
30 ASA Bull 97 (2012)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
July 29, 2010

The case involved a Norwegian equestrian whose horse had tested positive for Capsaicin during the 2008 Olympic Games in China. A tribunal of the Fédération Equestre Internationale (FEI) found against the equestrian, disqualified him and the horse from the Olympic Games in Beijing and deprived him of all medals and prizes. The equestrian was also fined and banned for four and a half months.

Case information

Docket number: 
4A_43/2010
Original language: 
German
Published: 
28 ASA Bull 837 (2010)
Parties
Counsel
PDF version of the translation: 
August 3, 2010

This judgment of the Federal Tribunal, dated August 3, 2010 although it was posted on the website of the Court several weeks later, involved a 2001 Business Consultancy Agreement between a Belgian and a Spanish company. The main purpose of the Agreement was for one of the companies to assist the other in a bid for a liquefied gas storage facility. The Belgian company subsequently assigned its activities related to natural gas to another company, based in Germany. The bid was unsuccessful.

Case information

Docket number: 
4A_254/2010
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
August 23, 2010

Case information

Docket number: 
4A_126/2010
Original language: 
Italian
September 28, 2010

The matter of the well-known German speed skater Claudia Pechstein was already the subject of a Court of Arbitration for Sport (CAS) award of November 25, 2009, which was appealed to the Federal Tribunal. The appeal was rejected. Please refer to

Case information

Docket number: 
4A_144/2010
Original language: 
German
Published: 
29 ASA Bull 47 (2011)
Parties
Counsel
PDF version of the translation: 
Chairman: 
October 6, 2010

Whilst all international arbitration opinions of the Swiss Federal Tribunal are worthy of interest, this one is unlikely to be the most fascinating you will ever read !

The case dates back to October 6, 2010 and the opinion arrived on the website of the Court some weeks later.

Case information

Docket number: 
4A_237/2010
Original language: 
German
Published: 
29 ASA Bull 141 (2011)
Parties
Appellant: 
Counsel
PDF version of the translation: 
Chairman: 
October 13, 2010

Case information

Docket number: 
4A_362/2010
Original language: 
French
October 13, 2010

Case information

Docket number: 
4A_236/2010
Original language: 
German
October 25, 2010

Considering the quantity of excellent advanced programs in international arbitration, let alone the innumerable seminars and programs to which we are constantly invited, one would have thought that blatantly pathological arbitration clauses were a thing of the past.

 

This opinion shows that pathological clauses still exist and that they continue to occasionally cause havoc.

 

Case information

Docket number: 
4A_279/2010
Original language: 
German
Published: 
29 ASA Bull 129 (2011)
Parties
Counsel
PDF version of the translation: 
Arbitrator (s): 
October 27, 2010

The case involved an Italian company and a bank in Ukraine. Under two contracts concerning equipment for the production of ceramic, two bank guarantees were issued, which the Italian company called. The Ukrainian bank refused to pay, and the bank guarantees contained an arbitration clause.

 

Case information

Docket number: 
4A_414/2010
Original language: 
German
Published: 
29 ASA Bull 908 (2011)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
October 29, 2010

This decision pertains to the case of the well-known cyclist Alejandro Valverde Belmonte. Since the case was all over the press, the Federal Tribunal took the somewhat unusual step to include the names of all the people involved.

As you will see, Belmonte was banned from competing in Italy for two years in a decision issued in May 2009, for an alleged doping violation. He challenged the decision in front of the Court of Arbitration for Sport (CAS).

Case information

Docket number: 
4A_234/2010
Original language: 
French
Published: 
29 ASA Bull 80 (2011)
136 ATF III 605 (2010)
Parties
Counsel
PDF version of the translation: 
Chairman: 
November 9, 2010

The case involved a consortium agreement between an Austrian and a German company. The contract was governed by Swiss law and it contained an ICC arbitration clause with venue in Zurich.

A dispute arose and the German company was ordered to pay some amounts to the Austrian company. The German company appealed. While the opinion contains nothing fundamentally new, the following may be of interest to my Readers:

Case information

Docket number: 
4A_428/2010
Original language: 
German
Published: 
29 ASA Bull 931 (2011)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 

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