Swiss Arbitration Decisions

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Found 114 result(s)
June 6, 2016

Case information

Docket number: 
4A_82/216
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
September 19, 2018

Case information

Docket number: 
4A_238/2018
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
February 7, 2017

In a dispute between a Tunisian company and a company based in Germany (“Defendant 1”) along with its Tunisian subsidiary (“Defendant 2”) over unpaid invoices, the sole Arbitrator (Raphaëlle Favre Schnyder) found Defendant 1 liable and ordered it to pay the Claimant compensation. She dismissed all the claims against Defendant 2. Defendant 1 appealed the decision to the Federal Tribunal, arguing that the Arbitrator had violated its right to be heard.

 

Case information

Docket number: 
4A_478/2016
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
January 24, 2017

The case involved a purchase agreement for a packing machine governed by Swiss law, containing a somewhat pathological arbitration clause providing for arbitration by “the International Chamber of Commerce of Geneva”,  yet under ICC Rules.

 
Arbitration was initiated by the Purchaser in 2014. The Respondent raised a jurisdictional defense in addition to its submissions on the merits.

Case information

Docket number: 
4A_672/2016
Original language: 
German
Published: 
36 ASA Bull 145 (2018)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
June 2, 2010

The case involved a dispute between the Ukrainian Football Club Shakhtar Donetsk (“Shakhtar”) and the Spanish Club Real Zaragoza, as well as the Brazilian player Matuzalem Da Silva.

Da Silva, on loan from Zaragoza, was transferred from an Italian Club to Shakhtar in 2004. In 2007, an offer was made by an Italian club which Shakhtar rejected. Da Silva then terminated his employment with Shakhtar and signed a new contract with Zaragoza.

Case information

Docket number: 
4A_320/2009
Original language: 
German
Published: 
28 ASA Bull 822 (2010)
Parties
Counsel
PDF version of the translation: 
August 14, 2014

Case information

Docket number: 
4A_334/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
February 20, 2015

The case involved an arbitral award based on the regulations of the Union Cycliste Internationale (“UCI”), Chapter XII of which contains some provisions for the original copy of the award to be deposited with the Secretariat of the UCI, with a copy sent to the parties.

 

Case information

Docket number: 
4A_609/2014
Original language: 
Italian
Published: 
Bull. ASA 2015, p. 373
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
February 20, 2015

The case involved a request for revision of an arbitral award issued on July 25, 2011. The dispute was about a sponsorship contract between an Italian company and the Spanish company managing a cycling team. The arbitral tribunal (arbitrators Renzo Galfetti and Pietro Moggi with chairman Paolo M. Patocchi) ordered the Italian company to keep paying the amounts in the contract. But it then turned out that one of the members of the cycling team was banned for two years for doping.

 

Case information

Docket number: 
4A_645/2014
Original language: 
Italian
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
April 29, 2015

The case involved a dispute between a football club and a player whose employment contract ran between June 2010 and May 2012. However, based on a heart condition known to the club at the outset, the employment relationship was terminated in the spring of 2011.

 

Case information

Docket number: 
4A_70/2015
Original language: 
French
Parties
Appellant: 
Respondent: 
PDF version of the translation: 
May 21, 2015

In a dispute between an Italian football club and an English company based on the acquisition by the English company of the economic rights of an Argentine professional football player, the Court of Arbitration for Sport (CAS) accepted jurisdiction and its Panel (chairman Ricardo de Buen, with arbitrators José Juan Pinto and Massimo Coccia) awarded the English company an amount of EUR 9’400’000, which was then challenged in the Federal Tribunal by way of a Civil law appeal.

 

Case information

Docket number: 
4A_634/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
February 17, 2016

Case information

Docket number: 
4A_494/2015
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
October 28, 2015

The case involved the division of an estate, which gave rise to a dispute between the heirs. In March 2011, they had executed an out-of-court settlement, which provided for arbitration in Geneva under a foreign law not specified in the opinion.

 

A three-members arbitral tribunal was constituted when a dispute arose. The names of the arbitrators are not known. The arbitral tribunal issued a final award in March 2015.

 

Case information

Docket number: 
4A_218/2015
Original language: 
French
Published: 
34 ASA Bull 165 (2016)
Parties
Appellant: 
Respondent: 
PDF version of the translation: 
July 8, 2016

The case involved an arbitration in Lugano in which the arbitrators (chairman Francesco Trezzini with arbitrators Henry Peter and Gianluca Airaghi) appointed an expert whilst giving the parties the opportunity to submit their own expert reports.

Case information

Docket number: 
4A_259/2015
Original language: 
Italian
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
May 26, 2014

The dispute involved a fee paid by a Spanish club, Real Zaragosa, to the Italian club Genoa for the transfer of Diego Milito. The fee obtained for the transfer was EUR 5 million. However the player had been transferred to Genoa in 2004 and at the time, the racing club Asociación Civil of Argentina was in bankruptcy and consequently, pursuant to applicable Argentinian law, there was a third company managing its affairs.

Case information

Docket number: 
4A_544/2013
Original language: 
German
Published: 
33 ASA Bull 157 (2015)
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
June 19, 2014

The case involved a contract between a Hungarian company and its Austrian counterpart for the production of apple juice concentrate and aroma. The contract contained an arbitration clause providing for arbitration in Zürich.

 

Case information

Docket number: 
4A_597/2013
Original language: 
German
Published: 
32 ASA Bull 799 (2014)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 

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