Swiss Arbitration Decisions

Use double-quotes to match a sentence or a date. Format dates as follows: "month dd, yyyy". (eg.: "february 23, 2007")
Found 122 result(s)
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: 
October 8, 2014

Pursuant to a 2003 Distribution Agreement, two companies entered into a relationship governed by a law other than Swiss law concerning the distribution of pharmaceuticals. The contract contained an arbitration clause and a dispute arose as to whether or not certain additional services had been performed, which caused some new products to be accepted in the country considered.

Case information

Docket number: 
4A_199/2014
Original language: 
French
Published: 
33 ASA Bull 360 (2015)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
September 7, 2018

The opinion is extremely interesting and it has been the object of much comment lately. Our team has therefore made sure that an English version would be made available to the arbitration community on a priority basis and we are happy to put it online today.

The case has already been described in an article by Sebastian Perry in The Global Arbitration Review and our friends at Thouvenin also mentioned it in their recent issue. Both are attached for ease of reference.

Case information

Docket number: 
5A_942/2017
Original language: 
German
Parties
Counsel
PDF version of the translation: 
Chairman: 
May 30, 2016

Case information

Docket number: 
4F_5/2016, 4F_7/2016
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
June 6, 2016

Case information

Docket number: 
4A_64/2016
Original language: 
German
Parties
Respondent: 
Counsel
June 19, 2019

The arbitration at issue concerned a joint-venture partnership between the Claimant, a Turkish company in the energy field, and the Respondent, a Spanish company. The partnership was intended to explore the construction and operation of seven hydropower plants in Turkey and was governed by a series of agreements between the parties, including a Share Purchase Agreement (“SPA”). 

 

Case information

Docket number: 
4A_628/2018
Original language: 
German
Parties
Counsel
PDF version of the translation: 
March 17, 2009

On March 17, 2009, the Swiss Federal Tribunal issued an opinion in the matter of the Azerbaijan Wrestling Federation (“AWF”) v. the World Anti-Doping Agency (“WADA”) and the International Federation of Associated Wrestling Styles (“FILA”).

Case information

Docket number: 
4A_416/2008
Original language: 
German
Published: 
28 ASA Bull 367 (2010)
also see 3 SwissIntArbRep 219 (2009)
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
April 25, 2017

While the arbitration itself was born from a fascinating tripartite contract dispute with its roots inthe political upheaval following the so-called “Arab Spring,” the Federal Tribunal’s decision is of average interest only, as the Court was, once again, inclined to reiterate its narrow scope of review on the “right to be heard” (due process) in international arbitration.

Case information

Docket number: 
4A_34/2016
Original language: 
French
Published: 
36 ASA Bull 996 (2018)
Parties
Counsel
PDF version of the translation: 
July 31, 2019

C.________ had requested the payment of a fee following the brokering of a settlement agreement with a state petroleum company on behalf of A.________ and B._________. The latter companies refused to pay and an arbitration with its seat in Geneva was initiated under the Swiss Rules, before three arbitrators. C.________ partially prevailed, and the Defendants appealed to the Federal Tribunal, citing violations of their right to be heard and a lack of equal treatment of the parties.

Case information

Docket number: 
4A_74/2019
Original language: 
German
Parties
Respondent: 
Counsel
PDF version of the translation: 
October 25, 2010

Considering the quantity of excellent advanced programs in international arbitration, let alone the innumerable seminars and programs to which we are constantly invited, one would have thought that blatantly pathological arbitration clauses were a thing of the past.

 

This opinion shows that pathological clauses still exist and that they continue to occasionally cause havoc.

 

Case information

Docket number: 
4A_279/2010
Original language: 
German
Published: 
29 ASA Bull 129 (2011)
Parties
Counsel
PDF version of the translation: 
Arbitrator (s): 
October 29, 2013

The case involved three license agreements for TV rights, entered into in 2009 and 2010. The licensors started arbitration proceedings in the Court of Arbitration for Sport (CAS) and on December 20, 2012, the CAS Panel consisting of Hans Nater as sole arbitrator rejected the claim while partially upholding a counterclaim by the licensee.

 

The licensors appealed to the Federal Tribunal and the following points are of some interest in the opinion:

Case information

Docket number: 
4A_93/2013
Original language: 
Italian
Published: 
32 ASA Bull 351 (2014)
Parties
Respondent: 
Counsel
PDF version of the translation: 

Pages