Swiss Arbitration Decisions

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Found 96 result(s)
March 5, 2014

Case information

Docket number: 
4A_563/2013
Original language: 
Italian
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
February 17, 2016

Case information

Docket number: 
4A_494/2015
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
June 17, 2015

A professional football club was found liable severally with one of its players for the financial consequences of the termination without cause of the player’s previous employment contract with another club. In February 2013, the FIFA Dispute Resolution Chamber ordered the player and the club severally to compensate the other club.

 

Case information

Docket number: 
4A_124/2015
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
September 15, 2015

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

Case information

Docket number: 
4A_136/2015
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
June 20, 2016

The dispute concerned two contracts governed by Swiss law and containing the same arbitration clause, the purpose of which was for one party to invest in the shares of a certain fund through another party, who may or may not have represented that the fund’s custodial bank was guaranteeing the capital of the investment.

Case information

Docket number: 
4A_173/2016
Original language: 
German
Published: 
35 ASA Bull 634 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
September 20, 2016

As you may recall, an arbitral tribunal chaired by Matthieu de Boisséson with arbitrators Thomas Clay and Alexis Moore issued a jurisdictional award on October 13, 2015, which was appealed to the Federal Tribunal on the ground that the conciliation proceedings under the ICC ADR Rules – applicable pursuant to the contract between a BVI company and an Algerian state entity – had not been complied with. The award was annulled and the arbitration stayed until the end of the ADR procedure.

Case information

Docket number: 
4A_524/2016
Original language: 
French
Published: 
35 ASA Bull 703 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
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: 
November 4, 2014

The case involved a 2013 contract governed by Swiss law between a New York company and a Swiss company for the construction of a Turkish bath in a Gstaad chalet. As the price of the hammam was substantial – some USD 31 million – the contract provided for payment in various installments and contained an arbitration clause in favour of  the Swiss Chambers’ Arbitration Institution rules (Swiss Rules) with venue in Geneva.

 

Case information

Docket number: 
4A_446/2014
Original language: 
French
Published: 
35 ASA Bull 370 (2017)
Parties
Appellant: 
Counsel
PDF version of the translation: 
Chairman: 
August 3, 2016

Case information

Docket number: 
4A_110/2016
Original language: 
German
Published: 
35 ASA Bull 487 (2017)
Parties
Appellant: 
Respondent: 
Counsel
October 29, 2014

Case information

Docket number: 
4A_253/2014
Original language: 
Italian
Parties
Appellant: 
Counsel
August 3, 2016

At issue was an award issued by the Court of Arbitration for Sport in the matter of a Luxembourg racing cyclist who entered into a self-employment agreement in 2010 with a company managing a cycling team. Furthermore, an agreement on image rights gave the team the right to exploit the cyclist’s image against compensation. When he was found positive in a doping control during the 2012 Tour de France, the cyclist left the competition whilst continuing to train with the team.

Case information

Docket number: 
4A_202/2016
Original language: 
French
Published: 
35 ASA Bulletin 648 (2017)
Parties
Appellant: 
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: 
October 16, 2012

The case involved an appeal to the Federal Tribunal by a football federation against an award on costs issued by the Court of Arbitration for Sport (CAS) on April 27, 2012. The CAS Panel was composed of Romano Subioto, chairman, with Ulrich Haas and Allan Sullivan as arbitrators.

 

Case information

Docket number: 
4A_314/2012
Original language: 
French
Published: 
32 ASA Bull 646 (2014)
Parties
Counsel
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
June 30, 2014

Case information

Docket number: 
4A_562/2013
Original language: 
German
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
June 2, 2010

The case involved a dispute between the Ukrainian Football Club Shakhtar Donetsk (“Shakhtar”) and the Spanish Club Real Zaragoza, as well as the Brazilian player Matuzalem Da Silva.

Da Silva, on loan from Zaragoza, was transferred from an Italian Club to Shakhtar in 2004. In 2007, an offer was made by an Italian club which Shakhtar rejected. Da Silva then terminated his employment with Shakhtar and signed a new contract with Zaragoza.

Case information

Docket number: 
4A_320/2009
Original language: 
German
Published: 
28 ASA Bull 822 (2010)
Parties
Counsel
PDF version of the translation: 

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