Swiss Arbitration Decisions

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Found 116 result(s)
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
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: 
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: 
October 16, 2003

Although the case dates back to 2003 and the translations start from 2008 only, with a few exceptions, this case justified an exception in view of its great interest as to the issue of an arbitration clause extended to an individual who had not signed it but was actively involved in the performance of the contract.

 

The opinion is quite long, but it is very interesting and  constitutes required reading.

Case information

Docket number: 
4P.115/2003
Original language: 
French
Published: 
22 ASA Bull 364 (2004), 129 III 727
Parties
Respondent: 
Counsel
PDF version of the translation: 
November 10, 2010

This opinion of the Federal Tribunal, although dated November 10, 2010, reached the website of the Court around the end of last year. It is quite interesting because it relates to an issue which is seldom addressed by the Federal Tribunal: that of the costs of an arbitration and the arbitrators’ entitlement to their fees.

 

Case information

Docket number: 
4A_391/2010, 4A_399/2010
Original language: 
German
Published: 
29 ASA Bull 110 (2011)
136 BGE III 597 (2010)
Parties
Counsel
PDF version of the translation: 

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