Swiss Arbitration Decisions

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Found 377 result(s)
November 10, 2010

This opinion of the Federal Tribunal, although dated November 10, 2010, reached the website of the Court around the end of last year. It is quite interesting because it relates to an issue which is seldom addressed by the Federal Tribunal: that of the costs of an arbitration and the arbitrators’ entitlement to their fees.

 

Case information

Docket number: 
4A_391/2010, 4A_399/2010
Original language: 
German
Published: 
29 ASA Bull 110 (2011)
136 BGE III 597 (2010)
Parties
Counsel
PDF version of the translation: 
December 1, 2010

Case information

Docket number: 
4A_533/2010
Original language: 
German
December 20, 2010

The case involved a professional football player who had played for a professional club in Europe between September 2004 and July 2005.

 

A dispute arose and on October 31, 2008, the Dispute Resolution Chamber of FIFA ordered the Club to pay salary in arrears and an additional amount for breach of contract to the player.

 

Case information

Docket number: 
4A_10/2010
Original language: 
French
Published: 
29 ASA Bull 682 (2011)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
Arbitrator (s): 
January 3, 2011

This decision of the Swiss Supreme Court of January 3, 2011 is the second in the case of the well-known Spanish cyclist Alejandro Valverde Belmonte.

 

As you may remember, the first decision of the Swiss Supreme Court, dated October 29, 2010 may be found here (4A_234/2010)

 

January 3, 2011

Case information

Docket number: 
4A_345/2010
Original language: 
German
January 3, 2011

This decision of the Swiss Supreme Court is the third in the matter of the Spanish cyclist Alejandro Valverde Belmonte.

 

There was a first decision dated October 29, 2010 (4A_234/2010). The first Belmonte decision was quite interesting because it raised the issue of the degree of independence and impartiality expected from a party-appointed arbitrator.

 

Case information

Docket number: 
4A_420/2010
Original language: 
French
Published: 
29 ASA Bull 712 (2011)
Parties
Counsel
PDF version of the translation: 
January 7, 2011

This is  the second one issued by Arbitrator Pascal Hollander in a case that has previously produced an opinion of the Federal Tribunal, on April 13, 2010 (4A_582/2009).

 

Tthe first opinion involved some interesting developments as to the procedural nature of a “preliminary award” Mr. Hollander had issued, essentially ordering one of the parties to transfer the inventory to its licensor and ordering a provisional payment.

 

Case information

Docket number: 
4A_440/2010
Original language: 
French
Published: 
30 ASA Bull 618 (2012)
137 ATF III 85 (2011)
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
January 11, 2011

The case involved a company that had entered into two License Agreements with the International Olympic Committee (“IOC”) for the production and distribution of DVDs in various territories. The contracts were governed by Swiss law and contained arbitration clauses providing for the exclusive jurisdiction of the Court of Arbitration for Sport (CAS).

 

Case information

Docket number: 
4A_579/2010
Original language: 
French
Published: 
29 ASA Bull 716 (2011)
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
January 12, 2011

The case of the well-known football player Essam El Hadary has occupied the Federal Tribunal three times, and the enclosed decision of January 12, 2011, is the second one.

 

As you may recall, a first decision of January 20, 2010 (4A_548/2009), involved a jurisdictional award of the Court of Arbitration for Sport issued on October 7, 2009.

 

Case information

Docket number: 
4A_394/2010
Original language: 
French
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
January 12, 2011

This is the third decision in the Essam El Hadary's matter, which was issued on January 12, 2011.

 

Case information

Docket number: 
4A_392/2010
Original language: 
French
Parties
Counsel
PDF version of the translation: 
Chairman: 
February 7, 2011

The case arose from a somewhat complex web of contracts (described in section A of the opinion). The fact that the names are omitted does not facilitate an understanding of what the case was all about. The dispute was between France Telecom and Euskatel, and the arbitration proceedings were conducted in Geneva under ICC rules before an arbitral tribunal composed of Horacio Grigera-Naon as Chairman, with Yves Derains and José Perez-Lorca-Rodrigo as arbitrators.

 

Case information

Docket number: 
4A_482/2010
Original language: 
French
Published: 
29 ASA Bull 721 (2011)
Parties
Counsel
PDF version of the translation: 
December 6, 2011

Case information

Docket number: 
4A_602/2011
Original language: 
French
February 15, 2011

Case information

Docket number: 
4A_642/2010
Original language: 
French
February 17, 2011

The case involved a Turkish football club and a professional player with which the club had an employment relationship. The player was then injured and ultimately the club sought damages before the FIFA Dispute Resolution Chamber, which awarded a substantial amount on January 9, 2009. Both Parties appealed and on June 7, 2010, a panel of the Court of Arbitration for Sport (“CAS”) composed of Mr. Efraim Barak as Chairman, with Mr. Michel Bernasconi and Mr.

Case information

Docket number: 
4A_402/2010
Original language: 
German
Published: 
30 ASA Bull 685 (2012)
Parties
Counsel
PDF version of the translation: 
Chairman: 
February 23, 2011

The matter involves the Kenya Football Federation (KFF) and FIFA. In October 2006, FIFA suspended the KFF membership for a number of reasons, mainly interference of the Kenyan governmental authorities according to the subsequent arbitral award (which is published on the website of the Court of arbitration for sport: www.tas-cas.org).

 

Case information

Docket number: 
4A_326/2010
Original language: 
German
Parties
Counsel
PDF version of the translation: 

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