Swiss Arbitration Decisions

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Found 74 result(s)
July 8, 2009

In 2007, a swimmer tested positive to an illegal substance during the World Military Swimming Championship in Hyderabad (India). Disciplinary proceedings followed and the World Anti-Doping Agency (“WADA”) appealed to the Court of Arbitration for Sport (“CAS”), which ordered results made by the swimmer between October 2007 and August 2008 cancelled. He was also disqualified for two years from February 6, 2008.

Case information

Docket number: 
4A_10/2009
Original language: 
Italian
Published: 
3 SwissIntArbRep 305 (2009)
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
March 18, 2013

The case involved the coach of the Bulgarian national football team and a contract governed by Bulgarian law. The contract also stated that disputes would be referred to “the competent court” and that the parties “recognized” the Court of Arbitration for Sport (CAS) in Lausanne.

 

Case information

Docket number: 
4A_388/2012
Original language: 
German
Parties
Appellant: 
Counsel
Appellant: 
May 7, 2010

This decision the Federal Tribunal issued on May 7, 2010 involves two international Russian biathletes belonging to the Russian National Biathlon Team, who were tested for illicit substances at the end of 2008 and found positive.

The International Biathlon Union Doping Hearing Panel suspended the biathletes for two years from the date of the tests and an appeal was made to the Court of Arbitration for Sport (“CAS”).

Case information

Docket number: 
4A_620/2009
Original language: 
French
Published: 
28 ASA Bull 658 (2010)
Parties
Counsel
PDF version of the translation: 
February 13, 2012

This opinion dated February 13, 2012 that is of moderate interest involved a complex dispute between two tennis players and both the Flemish Tennis Federation and the World Anti-Doping Agency. The two tennis players had been banned for a year for alleged violations of anti-doping rules and an appeal was made to the CAS in November 2009 by the players and by WADA in December.

Case information

Docket number: 
4A_428/2011
Original language: 
French
Parties
PDF version of the translation: 
Chairman: 
May 2, 2014

Some clients of a Swiss bank made various investments in a company based in the British Virgin Islands that the bank was managing. There was a contractual right to swap the shares of the BVI company with shares of another company. The clients claimed that the bank had prevented them from exercising that option and they began proceedings in the Lugano Chamber of Commerce.

 

Case information

Docket number: 
4A_530/2013
Original language: 
Italian
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
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.

Case information

Docket number: 
4A_214/2011
Original language: 
Italian
Published: 
30 ASA Bull 677 (2012)
Parties
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
August 14, 2014

Case information

Docket number: 
4A_334/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
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: 
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: 
March 10, 2010

This opinion of the Federal Tribunal of March 10, 2010, is related to sport arbitration, which nowadays tends to become the main “provider” of appeals to the Swiss Federal Tribunal. This is due to the fact that the Court of Arbitration for Sport (CAS) is based in Lausanne (Switzerland). Also, there are numerous sport arbitrations, some of which inevitably find their way to the Federal Tribunal, including some cases in which it is clear that an appeal should not have been filed at all.

Case information

Docket number: 
4A_4/2010
Original language: 
Italian
Published: 
28 ASA Bull 848 (2010)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
August 21, 2012

The opinion which is of very little interest involved arbitral proceedings with regard to a sponsorship contract for a cycling team. In a July 25, 2011 award, an ad hoc arbitral tribunal found that the sponsor was not entitled to terminate the sponsorship agreement it had with a Spanish company managing the cycling team.

Case information

Docket number: 
4A_750/2011
Original language: 
Italian
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
December 10, 2012

The case concerns a dispute relating to the transfer of an Italian football player. The single judge of the FIFA Player’s Status Committee ordered the payment of € 1’700’000 and rejected a claim for damages based on the violation of a confidentiality clause.

 

Case information

Docket number: 
4A_635/2012
Original language: 
Italian
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
February 11, 2011

Case information

Docket number: 
4A_377/2013
Original language: 
Italian
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
May 27, 2014

The case involved the construction of a bridge across a European river. In 2004, a contract, governed by the law of the country in which the bridge was to be built, was entered into for a number of pillars and the relative superstructures. The contract contained an ICC arbitration clause. Unbeknownst to the contractor, another contract was also signed in 2004, awarding the works to a different company.

Case information

Docket number: 
4A_508/2013
Original language: 
French
Parties
Appellant: 
Respondent: 
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
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 

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