Swiss Arbitration Decisions

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Found 122 result(s)
January 6, 2020

In this overly publicized and quite interesting case, involving the Chinese Swimmer Sun Yang (the Athlete) and the World Anti-Doping Agency (WADA), the Athlete was accused of an antidoping rule violation due to the unsuccessful attempt to take blood and urine samples during an unannounced test carried out at the Athlete’s home in September 2018. Even though the Swimmer was cleared by his federation’s (i.e.

Case information

Docket number: 
4A_287/2019
Original language: 
French
Parties
Counsel
PDF version of the translation: 
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: 
May 7, 2010

This decision the Federal Tribunal issued on May 7, 2010 involves two international Russian biathletes belonging to the Russian National Biathlon Team, who were tested for illicit substances at the end of 2008 and found positive.

The International Biathlon Union Doping Hearing Panel suspended the biathletes for two years from the date of the tests and an appeal was made to the Court of Arbitration for Sport (“CAS”).

Case information

Docket number: 
4A_620/2009
Original language: 
French
Published: 
28 ASA Bull 658 (2010)
Parties
Counsel
PDF version of the translation: 
February 13, 2012

This opinion dated February 13, 2012 that is of moderate interest involved a complex dispute between two tennis players and both the Flemish Tennis Federation and the World Anti-Doping Agency. The two tennis players had been banned for a year for alleged violations of anti-doping rules and an appeal was made to the CAS in November 2009 by the players and by WADA in December.

Case information

Docket number: 
4A_428/2011
Original language: 
French
Parties
PDF version of the translation: 
Chairman: 
August 21, 2012

The opinion which is of very little interest involved arbitral proceedings with regard to a sponsorship contract for a cycling team. In a July 25, 2011 award, an ad hoc arbitral tribunal found that the sponsor was not entitled to terminate the sponsorship agreement it had with a Spanish company managing the cycling team.

Case information

Docket number: 
4A_750/2011
Original language: 
Italian
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
December 10, 2012

The case concerns a dispute relating to the transfer of an Italian football player. The single judge of the FIFA Player’s Status Committee ordered the payment of € 1’700’000 and rejected a claim for damages based on the violation of a confidentiality clause.

 

Case information

Docket number: 
4A_635/2012
Original language: 
Italian
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
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: 
April 28, 2014

Case information

Docket number: 
4A_112/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
May 2, 2014

Some clients of a Swiss bank made various investments in a company based in the British Virgin Islands that the bank was managing. There was a contractual right to swap the shares of the BVI company with shares of another company. The clients claimed that the bank had prevented them from exercising that option and they began proceedings in the Lugano Chamber of Commerce.

 

Case information

Docket number: 
4A_530/2013
Original language: 
Italian
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
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: 
October 6, 2015

Although the Federal Tribunal did its best to “anonymize” the judgment, it is immediately apparent that it involved the dispute between Eléctricité de France (EDF) International SA and the Republic of Hungary.

 

Case information

Docket number: 
4A_34/2015
Original language: 
French
Published: 
ATF 141 III 495
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
February 26, 2015

The case involved a dispute between a Mexican football club and some Argentine coaches. In 2009, they entered into an employment contract with the club and the contract had dispute resolution clause, yet confusingly providing for jurisdiction of a state court as well as jurisdiction of the Mexican Football Federation.

 

Case information

Docket number: 
4A_374/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
March 16, 2015

The case involved a dredging contract between a Russian company and its Luxembourg counterpart, pursuant to which the Luxembourg company undertook to deliver 2 million cubic meters of a mixture of sand and gravel. The contract contained an arbitration clause providing for ICC arbitration in Geneva and was governed by English law.

A dispute arose and, after terminating the contract, the Luxembourg company sought damages.

Case information

Docket number: 
4A_636/2014
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
May 6, 2015

The case involved a contractual clause by which a club was entitled to obtain an additional amount should a professional football player be transferred in the future.

 

A dispute arose and the single judge of the Players’ Status Committee of FIFA denied the claim in a decision issued in March 2012, which was then appealed to the Court of Arbitration for Sport (CAS).

 

Case information

Docket number: 
4A_426/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 

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