Swiss Arbitration Decisions

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Found 21 result(s)
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: 
January 17, 2013

The case involved a sport arbitration and three contracts with conflicting arbitration or jurisdiction clauses.

 

Case information

Docket number: 
4A_244/2012
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
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: 
February 10, 2010

The decision of February 10, 2010 again originated from sport arbitration and as you will see from the text of the opinion, the Swiss Federal Tribunal took the somewhat unusual step of actually mentioning the names of the parties in the decision published on the website of the Federal Tribunal.

Case information

Docket number: 
4A_612/2009
Original language: 
German
Published: 
28 ASA Bull 612 (2010)
Parties
Counsel
PDF version of the translation: 
Chairman: 
September 28, 2010

The matter of the well-known German speed skater Claudia Pechstein was already the subject of a Court of Arbitration for Sport (CAS) award of November 25, 2009, which was appealed to the Federal Tribunal. The appeal was rejected. Please refer to

Case information

Docket number: 
4A_144/2010
Original language: 
German
Published: 
29 ASA Bull 47 (2011)
Parties
Counsel
PDF version of the translation: 
Chairman: 
February 17, 2011

The case involved a Turkish football club and a professional player with which the club had an employment relationship. The player was then injured and ultimately the club sought damages before the FIFA Dispute Resolution Chamber, which awarded a substantial amount on January 9, 2009. Both Parties appealed and on June 7, 2010, a panel of the Court of Arbitration for Sport (“CAS”) composed of Mr. Efraim Barak as Chairman, with Mr. Michel Bernasconi and Mr.

Case information

Docket number: 
4A_402/2010
Original language: 
German
Published: 
30 ASA Bull 685 (2012)
Parties
Counsel
PDF version of the translation: 
Chairman: 
February 23, 2011

The matter involves the Kenya Football Federation (KFF) and FIFA. In October 2006, FIFA suspended the KFF membership for a number of reasons, mainly interference of the Kenyan governmental authorities according to the subsequent arbitral award (which is published on the website of the Court of arbitration for sport: www.tas-cas.org).

 

Case information

Docket number: 
4A_326/2010
Original language: 
German
Parties
Counsel
PDF version of the translation: 
September 20, 2011

The case issued on September 20, 2011 by the Swiss Supreme Court involved the International Boxing Association (“AIBA”), a non-profit association (association, Verein) organized under Swiss law and based in Lausanne. In 2005, the AIBA and a company manufacturing and supplying sport equipment entered into a license agreement (“the Licensing Agreement”) for one year renewable, pursuant to which the company could manufacture boxing equipment approved by the AIBA against payment of a royalty.

Case information

Docket number: 
4A_103/2011
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
October 1, 2012

The matter concerned a contract between two professional football clubs containing certain provisions with regard to compensation and other amounts to be paid as a consequence of the transfer of a professional player. The first contract, dated July 17, 2007, was concluded with the assistance of a company active in the transfer of players for one of the clubs.

Case information

Docket number: 
4A_312/2012
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
October 1, 2012

The matter concerned a contract between two professional football clubs containing certain provisions with regard to compensation and other amounts to be paid as a consequence of the transfer of a professional player. The first contract, dated July 17, 2007, was concluded with the assistance of a company active in the transfer of players for one of the clubs.

Case information

Docket number: 
4A_312/2012
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
October 11, 2012

At issue was a dispute between a company in Singapore and a German company that had entered into a contract in 2004 for the delivery of a plant to manufacture dialyzes. A dispute arose between the parties and the German company subsequently resold the plant to a third party.

 

Case information

Docket number: 
4A_76/2012
Original language: 
German
Published: 
31 ASA Bull 128 (2013)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
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: 
February 9, 2009

The decision is certainly an interesting one. It has already been commented by Antonio Rigozzi (Cahiers de l’Arbitrage  2009 / 2 p. 33) and by  Laurent Hirsch in the arbitration forum arbitrage-adr@yahoogroupes.fr in March 2009. The decision was also discussed by Hansjörg Stutzer in the Thouvenin newsletter at http://www.thouvenin.com/pages_e/frame/05aktuell.html

Case information

Docket number: 
4A_400/2008
Original language: 
French
Published: 
27 ASA Bull 495 (2009)
also see 3 SwissIntArbRep 77 (2009)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
June 23, 2009

The case will confirm that the Court of Arbitration for Sports (CAS) is likely to remain a very significant source of Swiss jurisprudence on international arbitration for some time. The CAS is based in Lausanne, as you know, and the number of decisions it issues is important.

Case information

Docket number: 
4A_62/2009
Original language: 
German
Published: 
28 ASA Bull 562 (2010)
also see 3 SwissIntArbRep 351 (2009)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
October 13, 2009

The case involved a Russian racing cyclist, Vladimir Gusev and a Belgian Company, Olympus SARL. Olympus hired Gusev for two years on November 15, 2007 and the contract was governed by Swiss law. On July 23rd, 2008, Olympus terminated the contract, alleging that a medical report seriously suggested that the cyclist had taken exogenous EPO.

Case information

Docket number: 
4A_352/2009
Original language: 
French
Published: 
28 ASA Bull 634 (2010), 639
also see 3 SwissIntArbRep 441, 453 (2009)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 

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