Swiss Arbitration Decisions

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Found 9 result(s)
May 3, 2013

The case involved a contract between a Luxembourg and a Cyprus company for consulting work. An arbitration clause in the contract provided for arbitration in Lugano and a claim was made.

 

In an award of December 27, 2012, the ad hoc Arbitral Tribunal composed of Michele Patocchi P, Francesco Wicki and Pietro Moggi issued an award rejecting a jurisdictional defense and  ordering payment.

 

Case information

Docket number: 
4A_41/2013
Original language: 
Italian
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
July 7, 2014

The case involved two contracts governed by Romanian law between a French company and a Romanian state company for the restoration work on a Romanian highway.

 

The contracts included the FIDIC General Conditions and when a dispute arose in 2011, the French company stated that it would seize the Dispute Adjudication Board (“DAB”) contemplated by the FIDIC General Conditions.

 

Case information

Docket number: 
4A_124/2014
Original language: 
French
Published: 
32 ASA Bull 826(2014)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
August 28, 2014

Pursuant to a first set of contracts, a group of parties agreed that any disputes arising from the contracts would be governed by Swiss law and adjudicated by “the arbitration committee to be established in Basel (Switzerland).” The arbitration was to take place in German. According to other contracts entered into simultaneously (or about), however, jurisdiction was to be in the state courts of various countries.

 

Case information

Docket number: 
4A_74/2014
Original language: 
German
Published: 
33 ASA Bull 107 (2015) BGE 140 III 477
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
May 21, 2015

The case involved a general contractor’s agreement between a Swiss and a Luxembourg company for the renovation of an apartment building in Switzerland. The contract was governed by Swiss law and contained an arbitration clause which, interestingly, appointed the architect of the project as sole arbitrator.

 

Case information

Docket number: 
4A_709/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
July 15, 2015

The case involved a dispute between a football club and several players in a country that does not appear on the decision of the Federal Tribunal but should be easily ascertained by those interested in sport matters.

 

Case information

Docket number: 
4A_246/2014
Original language: 
French
Parties
Counsel
Appellant: 
PDF version of the translation: 
August 3, 2016

At issue was an award issued by the Court of Arbitration for Sport in the matter of a Luxembourg racing cyclist who entered into a self-employment agreement in 2010 with a company managing a cycling team. Furthermore, an agreement on image rights gave the team the right to exploit the cyclist’s image against compensation. When he was found positive in a doping control during the 2012 Tour de France, the cyclist left the competition whilst continuing to train with the team.

Case information

Docket number: 
4A_202/2016
Original language: 
French
Published: 
35 ASA Bulletin 648 (2017)
Parties
Appellant: 
Counsel
PDF version of the translation: 
June 5, 2014

Case information

Docket number: 
4A_302/2013
Original language: 
Italian
Published: 
36 ASA Bull 154 (2018)
Parties
Appellant: 
Respondent: 
Counsel
November 4, 2014

The case involved a 2013 contract governed by Swiss law between a New York company and a Swiss company for the construction of a Turkish bath in a Gstaad chalet. As the price of the hammam was substantial – some USD 31 million – the contract provided for payment in various installments and contained an arbitration clause in favour of  the Swiss Chambers’ Arbitration Institution rules (Swiss Rules) with venue in Geneva.

 

Case information

Docket number: 
4A_446/2014
Original language: 
French
Published: 
35 ASA Bull 370 (2017)
Parties
Appellant: 
Counsel
PDF version of the translation: 
Chairman: 
August 14, 2014

Case information

Docket number: 
4A_334/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel