Swiss Arbitration Decisions

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Found 117 result(s)
June 17, 2015

A professional football club was found liable severally with one of its players for the financial consequences of the termination without cause of the player’s previous employment contract with another club. In February 2013, the FIFA Dispute Resolution Chamber ordered the player and the club severally to compensate the other club.

 

Case information

Docket number: 
4A_124/2015
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
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: 
July 2, 2015

The case involved an Egyptian football club and a professional player who had a disagreement which the FIFA Dispute Resolution Chamber decided in the player’s favor in June 2013. An appeal was made to the Court of Arbitration for Sport (“CAS”) and a three-arbitrator panel (chairman Mark Hovell with arbitrators Michael Gerlinger and Christian Duve) issued an award in October 2014, essentially upholding the DRC decision but correcting the amounts in several respects.

 

Case information

Docket number: 
4A_684/2014
Original language: 
German
Published: 
Bull. ASA 2015, p. 565
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
August 17, 2015

The case involved a Consultancy Services Agreement entered into in February 2011. The contract provided for ICC arbitration in Zürich and it was governed by Swiss law.

 

When a dispute arose as to the fees due under the CSA, the ICC appointed Pierre-Yves Gunter as sole arbitrator and an award was issued in December 2014, essentially upholding the claim.

 

An appeal was made to the Federal Tribunal and the following may be of some interest in the opinion:

Case information

Docket number: 
4A_54/2015
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
October 26, 2015

The case involved an exclusive distribution agreement for jewelry and watches between an Austrian company and a distributor in Singapore. The contract was governed by Swiss law and provided for ICC arbitration in Geneva with proceedings in English.

 

When a dispute arose the contract was terminated without notice and a new distributor appointed.

 

Case information

Docket number: 
4A_69/2015
Original language: 
French
Published: 
35 ASA Bull 382 (2017)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
September 15, 2015

The case involved three companies from France, the United Kingdom and Russia.

Case information

Docket number: 
4A_136/2015
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
November 9, 2015

The case involved a players’ agent who signed a contract with a club in Chile, pursuant to which he would perform some services and be paid in instalments. When only the first two instalments were paid, he sued in the FIFA Players’ Status Committee but in February 2014, the single judge of the Players’ Status Committee rejected the claim because he found that the Claimant failed to establish that his activities fell within the FIFA Players’ Agents Regulations.

 

Case information

Docket number: 
4A_176/2015
Original language: 
French
Published: 
34 ASA Bull 738 (2016)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
December 16, 2015

The case involved a dispute between a bank and the member of another banking group under a Share Purchase Agreement whereby the purchaser had to recapitalize the subsidiary that was sold according to a ratio which might have led to a subsequent adjustment.

 

The contract provided for ICC arbitration in Geneva and when a dispute arose, the three-member arbitral tribunal (Pierre Tercier chair, with arbitrators Alan Redfern and Ibrahim Fadlallah) upheld the claim in full.

Case information

Docket number: 
4A_520/2015
Original language: 
French
Published: 
35 ASA Bull 729 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
September 20, 2016

As you may recall, an arbitral tribunal chaired by Matthieu de Boisséson with arbitrators Thomas Clay and Alexis Moore issued a jurisdictional award on October 13, 2015, which was appealed to the Federal Tribunal on the ground that the conciliation proceedings under the ICC ADR Rules – applicable pursuant to the contract between a BVI company and an Algerian state entity – had not been complied with. The award was annulled and the arbitration stayed until the end of the ADR procedure.

Case information

Docket number: 
4A_524/2016
Original language: 
French
Published: 
35 ASA Bull 703 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
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: 
July 9, 2014

The case involved a dispute as to the share of a transfer fee that was owed to a professional football player. In the summer of 2012, the player took his club to the Players’ Status Committee of his national federation, which declined jurisdiction. He then appealed to the Court of Arbitration for Sport (CAS) and arbitrator Luis Moreno upheld his jurisdiction and decided the case on the merits. He granted the player an amount of USD 1’750’000 in his award of December 31, 2013.

Case information

Docket number: 
4A_90/2014
Original language: 
French
Published: 
33 ASA Bull 95 (2015)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
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: 
March 6, 2017

The case involved two Lybian companies and a construction dispute. There were two successive contracts with different jurisdiction clauses. A dispute arose and ICC arbitration proceedings were initiated in Zürich under the first contract (a FIDIC contract). When confronted with a jurisdictional defense raised in the arbitration, the Arbitral Tribunal (Chairman Anis F.Kassim, with arbitrators Loukas Mistelis and Mohmmed Ibrahim Werfalli) upheld its jurisdiction.

 

Case information

Docket number: 
4A_490/2016
Original language: 
German
Published: 
35 ASA Bull 428 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
August 3, 2016

Case information

Docket number: 
4A_110/2016
Original language: 
German
Published: 
35 ASA Bull 487 (2017)
Parties
Appellant: 
Respondent: 
Counsel

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