Swiss Arbitration Decisions

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Found 116 result(s)
October 29, 2014

Case information

Docket number: 
4A_253/2014
Original language: 
Italian
Parties
Appellant: 
Counsel
August 28, 2014

The case involved a decision of the FIFA Dispute Resolution Chamber (“DRC”) ordering a player and his club jointly to pay an amount of £400’000 to the Claimant because the player had been hired in breach of the relevant FIFA regulation on the transfer of players. Both joint Defendants appealed to the Court of Arbitration for Sport (“CAS”) but the Player failed to pay the advance of costs and his appeal was deemed withdrawn and consequently struck out.

 

Case information

Docket number: 
4A_6/2014
Original language: 
French
Published: 
33 ASA Bull 85 (2015), ATF 140 III 520
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
March 27, 2014

The case involved a group of Ukrainian players who took money to fix a game and got caught. Among the evidence were video recordings and the transcript of a phone conversation. The Control and Disciplinary Committee (CDC) of the Ukrainian Football Federation (FFU) banned a player for life and issued various other sanctions in a decision of August 9, 2010.

Case information

Docket number: 
4A_448/2013
Original language: 
German
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
February 24, 2015

The case involved the unpleasant incident that took place after a qualifying football match between Croatia and Iceland in November 2013. Croatia won, but a few minutes after the end of the game, a player came back to the field, grabbed a microphone and made some statements which FIFA considered to be in breach of its disciplinary code.

 

Case information

Docket number: 
4A_544/2014
Original language: 
German
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
February 25, 2015

The case involved a Share Purchase Agreement (SPA) in a set of complex projects. The 2010 SPA apportioned the costs of future investments in proportion to the shares held by the parties but with an investment cap of EUR 138 million. Beyond that amount, the Seller undertook to pay the difference. The contract was governed by Swiss law and contained an ICC arbitration clause. In June 2011, the purchaser under the 2010 SPA initiated arbitration proceedings against the seller.

Case information

Docket number: 
4A_486/2014
Original language: 
French
Published: 
Bull. ASA 2015, p. 347
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
January 6, 2016

The case involved an investment agreement between a French company and a Spanish company. The contract was governed by Spanish law and provided for ICC arbitration in Geneva.

 

Case information

Docket number: 
4A_572/2015
Original language: 
French
Published: 
34 ASA Bull 171 (2016)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
April 15, 2015

The case concerned a contract between a French company and an American (Delaware) company providing for the American company to furnish certain advisory services in connection with major infrastructure projects.

 

The contract was governed by French law and contained an arbitration clause providing for ICC arbitration in Geneva.

 

Case information

Docket number: 
4A_554/2014
Original language: 
French
Published: 
Bull. ASA 2015, p. 406
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
December 10, 2015

The matter involved an Argentinian player who entered into a contract with two players’ agents in Argentina and then unilaterally terminated the contract.

 

The agents sued in the Court of Arbitration for Sport, which had jurisdiction pursuant to an arbitration clause in the contract. The CAS Panel (chairman José Juan Pinto with arbitrators Riccardo de Buen and Hernan Ferrari) essentially upheld the claim but only awarded EUR 1 million instead of the EUR 3 million claimed.

Case information

Docket number: 
4A_568/2015
Original language: 
German
Published: 
34 ASA Bull 178 (2016)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
February 1, 2016

In a share purchase agreement governed by German law and providing for ICC arbitration in Zürich, a dispute arose, involving a possible adjustment to the purchase price. In case of disagreement, the price adjustment was to be assessed by a “neutral auditor” whose determination would be “binding.” The parties could not reach an understanding and there was arbitration with claims and counterclaims.

Case information

Docket number: 
4A_428/2015
Original language: 
German
Published: 
ASA 2016, p. 718
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
February 16, 2016

Case information

Docket number: 
4A_43/2016
Original language: 
Italian
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
February 25, 2016

Case information

Docket number: 
4A_492/2015
Original language: 
German
Published: 
ATF 142 III 230
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
February 25, 2016

Case information

Docket number: 
4A_490/2015
Original language: 
German
Published: 
ATF 142 III 230
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
June 3, 2015

The case involved a dispute between a Dutch foundation, an American company and various other players, arising from an investment agreement allegedly breached by one of the parties. The state court in California was seized first and this produced a default judgment in 2007 ordering the restitution of the amount invested and awarding punitive damages.

 

Case information

Docket number: 
4A_676/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
Chairman: 
March 22, 2016

Pursuant to a 2009 contract between a Brazilian football player and a Portuguese club, a claim for termination in breach of the contract was filed by the player with the FIFA Dispute Resolution Chamber. The claim was upheld by the Dispute Resolution Chamber and then essentially confirmed by the Court of Arbitration for Sport. The Panel (chairman Stuart McInnes with arbitrators Stephan Breidenbach and Rui Botica Santos) added interest to the amount to be paid.

Case information

Docket number: 
4A_678/2015
Original language: 
German
Published: 
35 ASA Bull 390 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
December 3, 2015

This decision merely rejects an appeal filed too late, takes note of the withdrawal of the appeal or reflects a failure to pay the advance on costs, etc. and accordingly has no scholarly interest (electronic post, unsigned).

Case information

Docket number: 
4A_596/2015
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 

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