Swiss Arbitration Decisions

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Found 377 result(s)
March 1, 2011

Two brothers entrusted the British solicitor Anthony Julius (the opinion of the Federal Tribunal, somewhat unusually, mentions the Arbitrator’s name) with settling a dispute between them. For that purpose, they entered into an agreement in July 2004, providing for ad hoc arbitration in Geneva. They waived any appeal and any rights they may have had to challenge the Arbitrator on any ground.

 

Case information

Docket number: 
4A_514/2010
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
March 15, 2011

The case involved a claim by a company based in the Cayman Islands concerning some commissions allegedly due for the assistances provided to a construction company with a view to obtaining the works for a water supply system and a highway.

 

The Contracts contained an arbitration clause providing for ICC arbitration and a three-member arbitral tribunal was constituted with Bernhardt Meyer as Chairman, and Pierre-Yves Gunter and Roberto Dallafior as arbitrators.

 

Case information

Docket number: 
4A_481/2010
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
March 17, 2011

The case involved a dispute between several chess federations (the French, German, Swiss, Ukrainian and American Federations and a company named Karpov 2010 Inc.) in the framework of the election campaign for the new chairman of the Fédération Internationale des Echecs (“FIE”). Kirsan Ilyumzhinov’s candidacy was opposed by Anatoly Karpov (the former was subsequently elected).

Case information

Docket number: 
4A_600/2010
Original language: 
French
Published: 
30 ASA Bull 119 (2012)
Parties
Counsel
PDF version of the translation: 
March 21, 2011

The dispute arose between a Tunisian citizen and a French company and the Shareholders’ Agreement they had entered into on September 4, 2010. The Agreement contained an arbitration clause providing for ICC arbitration in Geneva. A three-member panel of arbitrators was constituted with Tim Portwood as Chairman, and Paul Friedland and Francesco Marena as Arbitrators. The arbitral tribunal issued an award on March 1, 2010, which the French company sought to rectify.

Case information

Docket number: 
4A_486/2010
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
March 21, 2011

Case information

Docket number: 
4A_574/2010
Original language: 
German
April 6, 2011

The case involved a contract signed in 2006 (“the Protocol”) by which certain shares were assigned by a Luxemburg company to a French company. Litigation in French Courts ensued and in November 2009, the Luxemburg company initiated arbitration proceedings in Switzerland pursuant to an ICC clause contained in the Protocol.

 

Case information

Docket number: 
4A_614/2010
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
April 11, 2011

Luis Fernandez, the well-known French football coach was hired by a football club in Qatar in 2005 but he terminated his employment with that Club a few months later. He agreed to pay an amount of EUR 400,000 to the Qatari Club as a consequence of the termination. He did so in January 2006, upon his representative being given by fax the name of a Curacao company and a bank account in Geneva. The payment was apparently made by a Seychelles company on behalf of the coach.

 

Case information

Docket number: 
4A_604/2010
Original language: 
French
Published: 
31 ASABull 89 (2013)
Parties
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 
April 18, 2011

The case is of moderate interest as it deals with an issue that is only significant to sports arbitration.

 

A football trainer from Bulgaria trained APOP Kinyras, a Cypriot football club. In late 2008, two of his players tested positive to oxymesterone, a prohibited anabolic steroid. It turned out that the trainer had made some “white pills” available to the players – and some of them apparently did not resist the temptation.

 

Case information

Docket number: 
4A_640/2010
Original language: 
German
Published: 
30 ASA Bull 144 (2012)
Parties
Counsel
PDF version of the translation: 
Chairman: 
April 19, 2011

The case involved a complicated dispute between the partners of a private bank a plan to carry out a complex set of agreements. This triggered the first arbitration, held in Geneva on the basis of the applicable arbitration clause. In July 2009, a new arbitration was initiated.

Case information

Docket number: 
4A_44/2011
Original language: 
French
Published: 
30 ASA Bull 659 (2012)
Parties
Appellant: 
Counsel
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
May 16, 2011

The case involved a contract governed by Swiss law for the delivery of a production line for certain materials. Arbitration proceedings began in Geneva in January 2009 and an ad hoc arbitral tribunal was created with Pierre Tercier as Chairman, and Laurent Hennes and Werner Wenger as arbitrators.

 

Case information

Docket number: 
4A_46/2011
Original language: 
French
Published: 
29 ASA Bull 643 (2011)
Parties
Counsel
PDF version of the translation: 
Chairman: 
June 14, 2011

This fairly interesting decision issued on June 14, 2011 involved a dispute between a Turkish company and its Polish contractor with regard to the construction of the boiler in an industrial power plant in Bulgaria. The pertinent contracts provided for ICC arbitration in Zurich and when a dispute arose as to the responsibility for the delays in the performance of the work, the Turkish company filed a request for arbitration.

Case information

Docket number: 
4A_617/2010
Original language: 
German
Published: 
30 ASA Bull 138 (2012)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
July 5, 2011

Case information

Docket number: 
4A_254/2011
Original language: 
French
July 20, 2011

The case is not without interest and it involved the technical director and chief coach of the national team of Jamaica, a Mexican citizen of Serbian origin, who had been hired in late 2006, and was terminated in November 2010. The coach filed a claim with the Players’ Status Committee of FIFA and he was awarded USD 1,000,000 for wrongful termination in February 2010. The Jamaican Football Federation appealed that decision to the Court of Arbitration for Sport (CAS).

Case information

Docket number: 
4A_162/2011
Original language: 
German
Published: 
30 ASA Bull 177 (2012)
Parties
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 
August 2, 2011

Case information

Docket number: 
4A_500/2010
Original language: 
French
August 4, 2011

Case information

Docket number: 
4A_392/2011
Original language: 
French

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