Swiss Arbitration Decisions

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Found 119 result(s)
June 20, 2016

The dispute concerned two contracts governed by Swiss law and containing the same arbitration clause, the purpose of which was for one party to invest in the shares of a certain fund through another party, who may or may not have represented that the fund’s custodial bank was guaranteeing the capital of the investment.

Case information

Docket number: 
4A_173/2016
Original language: 
German
Published: 
35 ASA Bull 634 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
July 25, 2017

The Appellant, Alexei Lovchev, is an Russian weightlifter at the international level, who participated in the 2015 Weightlifting World Championship in Houston, USA, as a member of the Russian team. He won the gold medal and set two world records. In November 2015, the Appellant underwent a doping control that resulted in an Adverse Analytical Finding, (AAF) and showed the presence of the prohibited substance Ipamorelin in the Appellant’s sample in an extremely low concentration of 0.1 ng/ml.

Case information

Docket number: 
4A_80/2017
Original language: 
German
Parties
Counsel
PDF version of the translation: 
June 30, 2016

The case involved a French football player who had a dispute over his salary after an injury with a Cyprus club. The FIFA Dispute Resolution Chamber found substantially in the player’s favour, as did a Panel of the Court of Arbitration for Sport [Chairman Lars Hilliger, with arbitrators Didier Poulmaire and Svenja Geissmar].

Case information

Docket number: 
4A_132/2016
Original language: 
German
Published: 
35 ASA Bull 623 (2017)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
December 10, 2015

The case involved two businessmen who agreed to submit a dispute to arbitration to Yves Pirenne, a well-known Geneva lawyer with international experience. The arbitration agreement did not include a description of the subject matter of the dispute but both parties submitted briefs to the Arbitrator and – notably – the Defendant did not object to the Arbitrator’s jurisdiction.

Case information

Docket number: 
4A_392/2015
Original language: 
French
Published: 
34 ASA Bulletin 449 (2016)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
March 3, 2014

The case involved the well-known football player Ismaël Bangoura, the Al-Nasr sports club of Dubai, and the French FC Nantes.

In 2010, Bangoura transferred from a French club to Al-Nasr and certain commitments were made with regard to his salary. The following year, he left Dubai without authorization from Al-Nasr and in early 2012 he signed a contract with Nantes.

Case information

Docket number: 
4A_304/2013
Original language: 
French
Published: 
32 ASA Bull 384 (2014)
Parties
Counsel
PDF version of the translation: 
February 11, 2011

Case information

Docket number: 
4A_377/2013
Original language: 
Italian
Published: 
36 ASA Bull 162 (2018)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
May 27, 2014

The case involved the construction of a bridge across a European river. In 2004, a contract, governed by the law of the country in which the bridge was to be built, was entered into for a number of pillars and the relative superstructures. The contract contained an ICC arbitration clause. Unbeknownst to the contractor, another contract was also signed in 2004, awarding the works to a different company.

Case information

Docket number: 
4A_508/2013
Original language: 
French
Published: 
33 ASA Bull 865 (2015), 140 III 278
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
June 11, 2014

The case involved a professional cyclist who tested positive for testosterone in June 2007 and again in February 2011. The German anti-doping agency referred the case to the German Arbitral Institution (DIS) and in June 2012 the sole arbitrator appointed by the DIS held that the Decision Limits had not been properly established in the case as there were significant differences between the results of the A and B Samples taken from the athlete.

 

Case information

Docket number: 
4A_178/2014
Original language: 
German
Published: 
32 ASA Bull 782 (2014)
Parties
Counsel
PDF version of the translation: 
Chairman: 
November 25, 2014

Case information

Docket number: 
4A_586/2014
Original language: 
German
Published: 
34 ASA Bull 465 (2016)
Parties
Appellant: 
Counsel
January 22, 2018

The dispute, a typical one in the field of professional football, arose from the conclusion of an exclusive agency agreement for the period of two years between Player A (the Appellant) and the former football Agent B (the Respondent), who was licensed by the Argentinean Football Association (AFA). The agency agreement provided for compensation of 10% of the Appellant’s earned income payable to the Respondent.

Case information

Docket number: 
4A_432/2017
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
August 23, 2016

Case information

Docket number: 
4A_156/2016
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
May 20, 2016

Case information

Docket number: 
4A_206/2016
Original language: 
Italian
Published: 
36 ASA Bull 520 (2018)
Parties
Appellant: 
Respondent: 
Counsel
October 28, 2019

The background case involves the celebrity swimmer Sun Yang, who was accused of an anti-doping rule violation due to unsuccessful attempt to take blood and urine samples during an unannounced doping control at his house and the subsequent lifting of charges by the FINA Anti-Doping Commission.

Case information

Docket number: 
4A_413/2019
Original language: 
French
Parties
Counsel
PDF version of the translation: 
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: 

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