Swiss Arbitration Decisions

Use double-quotes to match a sentence or a date. Format dates as follows: "month dd, yyyy". (eg.: "february 23, 2007")
Found 111 result(s)
February 19, 2013

The case involved a dispute concerning the transfer of a professional football player.

 

After various other procedural moves, a three members Panel of the CAS (chairman Bernhard Welten with arbitrators Mark Hovell and Vit Horacek) upheld an appeal by one of the two clubs involved and ordered the other one to pay an amount of € 800’000 plus VAT and interest.

 

An appeal was made to the Federal Tribunal and the Court rejected the appeal.

 

Case information

Docket number: 
4A_550/2012
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
September 23, 2008

The case involved a sports arbitration in Lausanne, in which two Argentinean agents had been entrusted with negotiating the transfer of a player to the Spanish club Real Madrid. The transfer was not completed due to a negative medical report. The agents filed a claim with FIFA for fees, which was rejected. On February 29, 2008, the Court of Arbitration for Sports (“CAS”) upheld the dismissal of the claim. The CAS arbitral tribunal was chaired by Prof. Massimo Coccia with Mr. D.

Case information

Docket number: 
4A_176/2008
Original language: 
German
Published: 
27 ASA Bull 128 (2009)
also see Vol 2 SwissIntArbRep 451 (2008)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
November 17, 2008

The opinion is of limited scholarly interest but it provides a good illustration of the “collective mind” of our Supreme Court.

Case information

Docket number: 
4A_438/2008
Original language: 
French
Published: 
29 ASA Bull 379 (2011)
2 SwissIntArbRep 535 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
October 18, 2011

The case involves a 2006 contract between an English company and a Canadian resident, acting as trustee for a trust that owned the shares of a company, sold the shares to the buyer. Simultaneously, an employment contract was entered into between the company owned by the trust, which was based in the United Arab Emirates and an Italian resident with a view to his future employment as a managing director.

Case information

Docket number: 
4A_214/2011
Original language: 
Italian
Published: 
30 ASA Bull 677 (2012)
Parties
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
April 15, 2013

The case concerned an ICC arbitration held in St Gallen between a Swiss company and a German engineer. The sole arbitrator, Simon Gabriel, issued a partial award in February 2012, finding that he had jurisdiction and ordering the Defendant to produce certain documents. The award was not appealed.

 

In two subsequent Procedural Orders the arbitrator ordered the production of additional documents and the orders were appealed to the Federal Tribunal.

 

Case information

Docket number: 
4A_596/2012
Original language: 
German
Published: 
32 ASA Bull 335 (2014)
Parties
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
May 13, 2013

Case information

Docket number: 
4A_649/2012
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
May 24, 2013

The case involved a football club in Mexico and a Brazilian player. A dispute as to the player’s compensation resulted in a decision of the FIFA Dispute Resolution Chamber in November 2010, holding that it did not have jurisdiction, whereupon the player filed a claim with the Mexican Conciliation and Resolution of Controversies Commission (“CRCC”). On July 26, 2011, the CRCC found that the claim was time-barred under applicable Mexican law.

 

Case information

Docket number: 
4A_476/2012
Original language: 
German
Published: 
32 Asa Bull 148 (2014)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
November 23, 2017

The investor argued that per se  the 1954 Convention would not prevent a state – as opposed to a private claimant or even a state entity – from being ordered to provide security for costs. Judge Kiss disagreed in a fairly detailed and convincing decision.

Case information

Docket number: 
4A_396/2017
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
November 27, 2017

This was a Civil law appeal against an award rendered by the Court of Arbitration for Sport (CAS) on April 19, 2017, where the professional football club X (the Club) was ordered to pay to the player’s Intermediary A (the Intermediary) the outstanding amount of a commission of EUR 2'700'000, plus interest, according to the contract concluded on August 23, 2013.

Case information

Docket number: 
4A_312/2017
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
April 11, 2016

Case information

Docket number: 
4A_426/2015
Original language: 
German
Published: 
34 ASA Bull 469 (2016)
Parties
Appellant: 
Respondent: 
Counsel
February 21, 2008

This decision dated February 21, 2008 came on line in late March.  In view of its interest it has already been the object of a short comment (in French) by Laurent Hirsch in the discussion group  arbitrage-adr@yahoogroupes.fr. Laurent's comment was mailed on April 10.

Case information

Docket number: 
4A_370/2007
Original language: 
French
Published: 
2 SwissIntArbRep 89 (2008)
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
October 16, 2012

The case involved an appeal to the Federal Tribunal by a football federation against an award on costs issued by the Court of Arbitration for Sport (CAS) on April 27, 2012. The CAS Panel was composed of Romano Subioto, chairman, with Ulrich Haas and Allan Sullivan as arbitrators.

 

Case information

Docket number: 
4A_314/2012
Original language: 
French
Published: 
32 ASA Bull 646 (2014)
Parties
Counsel
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
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: 
July 15, 2013

The case involved a contract for the acquisition of the shares of a Swiss bank. The contract contained an arbitration clause providing for arbitration in Geneva under the Swiss Rules. A dispute arose and the purchaser sought damages while the sellers submitted a counterclaim.

 

A three-member Arbitral Tribunal was constituted under the aegis of the Geneva Chamber of Commerce and Industry (arbitrators Peter Böckli and Shelby Dupasquier, with Pierre Tercier as chairman).

Case information

Docket number: 
4A_188/2013
Original language: 
French
Parties
Counsel
PDF version of the translation: 
Chairman: 
December 5, 2008

The opinion is quite interesting, as you will see. For one thing, the appeal was granted in part, which does not happen very often and caused it to be reported on the web site of the Global Arbitration Review on April 22nd (see enclosed article). The case involved whether or not a sole arbitrator sitting in Switzerland had jurisdiction on three parties not having formally signed the arbitration clause, in view of an other closely related contract signed the same day.

Case information

Docket number: 
4A_376/2008
Original language: 
Italian
Published: 
27 ASA Bull 745 (2009)
also see 3 SwissIntArbRep 157 (2009)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 

Pages