Swiss Arbitration Decisions

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Domestic public policy not pertinent to international arbitration

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.

No substantive review of the award under the cloak of a violation of due process

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.

No arbitrator bias merely from some unfavorable procedural orders

November 24, 2017

Two telecommunications companies had a dispute over the termination of a VoIP agreement. Pursuant to a valid clause in their agreement, company B.________ initiated an arbitration under the ICC Rules with a sole arbitrator. After several objections by A.________, the ICC appointed the well known Swiss arbitrator Philippe Landolt as sole arbitrator.

Extension of arbitration clause to non-signatories - Defective arbitration clause

December 5, 2008

The opinion is quite interesting, as you will see. For one thing, the appeal was granted in part, which does not happen very often and caused it to be reported on the web site of the Global Arbitration Review on April 22nd (see enclosed article). The case involved whether or not a sole arbitrator sitting in Switzerland had jurisdiction on three parties not having formally signed the arbitration clause, in view of an other closely related contract signed the same day.

Appeal with incomprehensible argument to be summarily rejected

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.

Proper interpretation of arbitration clauses

September 15, 2015

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

Dismissal of an appeal to set aside an ICC award; violation of the right to be heard cannot be claimed merely to disguise what is effectively an attempt at reassessing the evidence

October 18, 2011

The case involves a 2006 contract between an English company and a Canadian resident, acting as trustee for a trust that owned the shares of a company, sold the shares to the buyer. Simultaneously, an employment contract was entered into between the company owned by the trust, which was based in the United Arab Emirates and an Italian resident with a view to his future employment as a managing director.

Swiss Arbitration Decisions

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