Swiss Arbitration Decisions

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Found 96 result(s)
March 22, 2016

Pursuant to a 2009 contract between a Brazilian football player and a Portuguese club, a claim for termination in breach of the contract was filed by the player with the FIFA Dispute Resolution Chamber. The claim was upheld by the Dispute Resolution Chamber and then essentially confirmed by the Court of Arbitration for Sport. The Panel (chairman Stuart McInnes with arbitrators Stephan Breidenbach and Rui Botica Santos) added interest to the amount to be paid.

Case information

Docket number: 
4A_678/2015
Original language: 
German
Published: 
35 ASA Bull 390 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
December 3, 2015

This decision merely rejects an appeal filed too late, takes note of the withdrawal of the appeal or reflects a failure to pay the advance on costs, etc. and accordingly has no scholarly interest (electronic post, unsigned).

Case information

Docket number: 
4A_596/2015
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
October 7, 2015

Case information

Docket number: 
4A_460/2015
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
December 10, 2015

The case involved two businessmen who agreed to submit a dispute to arbitration to Yves Pirenne, a well-known Geneva lawyer with international experience. The arbitration agreement did not include a description of the subject matter of the dispute but both parties submitted briefs to the Arbitrator and – notably – the Defendant did not object to the Arbitrator’s jurisdiction.

Case information

Docket number: 
4A_392/2015
Original language: 
French
Published: 
34 ASA Bulletin 449 (2016)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
February 11, 2011

Case information

Docket number: 
4A_377/2013
Original language: 
Italian
Published: 
36 ASA Bull 162 (2018)
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
Published: 
33 ASA Bull 865 (2015), 140 III 278
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
Published: 
33 ASA Bull 95 (2015)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
January 22, 2018

The dispute, a typical one in the field of professional football, arose from the conclusion of an exclusive agency agreement for the period of two years between Player A (the Appellant) and the former football Agent B (the Respondent), who was licensed by the Argentinean Football Association (AFA). The agency agreement provided for compensation of 10% of the Appellant’s earned income payable to the Respondent.

Case information

Docket number: 
4A_432/2017
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
August 23, 2016

Case information

Docket number: 
4A_156/2016
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
September 19, 2018

Case information

Docket number: 
4A_238/2018
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
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: 
January 29, 2010

The case involved a dispute between a Swiss and a German company with regard to the delivery of a steel bloom. Arbitration was initiated in Geneva and Prof. Ingeborg Schwenzer (University of Basel) was appointed as arbitrator. In an award of October 5, 2009, she upheld a claim for damages and the German company appealed to the Federal Tribunal.

The following items may be of interest in the opinion:

Case information

Docket number: 
4A_550/2009
Original language: 
German
Published: 
30 ASA Bull 808 (2012)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
January 30, 2013

The case involved a contract in which three parties agreed to make their respective contributions with a view to acquiring a large number of shares in a company. One of the parties failed to make its contribution and the contract contained an arbitration clause providing for arbitration in Lugano under the Swiss Rules of International Arbitration.

 

Case information

Docket number: 
4A_335/2012
Original language: 
Italian
Published: 
32 ASA Bull 570 (2014)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
July 7, 2014

The case involved two contracts governed by Romanian law between a French company and a Romanian state company for the restoration work on a Romanian highway.

 

The contracts included the FIDIC General Conditions and when a dispute arose in 2011, the French company stated that it would seize the Dispute Adjudication Board (“DAB”) contemplated by the FIDIC General Conditions.

 

Case information

Docket number: 
4A_124/2014
Original language: 
French
Published: 
32 ASA Bull 826(2014)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 

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