Swiss Arbitration Decisions

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Found 7 result(s)
March 14, 2008

The case involved a petition to the Federal Tribunal for the revision of an international award issued by Swiss arbitrator Martin Bernet in Zurich on February 23, 2007. As you know, Swiss case law has determined that the revision of international awards falls within the jurisdiction of the Federal Tribunal. The case is interesting because after the award was issued, the petitioner discovered in its own archives a number of documents, which could have established that bribery had taken place.

Case information

Docket number: 
4A_42/2008
Original language: 
German
Published: 
2 SwissIntArbRep 153 (2008)
134 BGE III 286 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
April 8, 2009

The case involved a consulting agreement, which led to arbitration in Zurich. The sole arbitrator (Swiss lawyer Martin Bernet, a highly regarded arbitrator) assumed jurisdiction in 2005 and also held that the consulting agreement was valid in a subsequent award in 2007. New evidence was discovered and a request for revision was filed in 2008. The Federal Tribunal rejected the request for revision on March 14, 2008.

Case information

Docket number: 
4A_69/2009
Original language: 
German
Published: 
28 ASA Bull 124 (2010)
also see 3 SwissIntArbRep 205 (2009)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
April 19, 2011

The case involved the professional football player Omer Riza. Riza plays for the English club Histon. He was born in the UK of Turkish Cypriot descent, started as a youth with Arsenal but then in 2006 he signed with the Turkish club Trabzonspor.

 

Case information

Docket number: 
4A_404/2010
Original language: 
German
Parties
Counsel
PDF version of the translation: 
Chairman: 
April 29, 2013

The case involved an athlete who ran away from an anti-doping test by refusing to meet the Doping Control Officer. His federation did not sanction him and an appeal was made to the Court of Arbitration for Sport by the International Association of Athletics Federations.

 

Case information

Docket number: 
4A_730/2012
Original language: 
French
Published: 
32 Asa Bull 68 (2014)
Parties
Counsel
PDF version of the translation: 
February 25, 2015

The case involved a Share Purchase Agreement (SPA) in a set of complex projects. The 2010 SPA apportioned the costs of future investments in proportion to the shares held by the parties but with an investment cap of EUR 138 million. Beyond that amount, the Seller undertook to pay the difference. The contract was governed by Swiss law and contained an ICC arbitration clause. In June 2011, the purchaser under the 2010 SPA initiated arbitration proceedings against the seller.

Case information

Docket number: 
4A_486/2014
Original language: 
French
Published: 
Bull. ASA 2015, p. 347
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
May 3, 2010

This opinion of the Swiss Federal Tribunal involves a long-distance runner that the International Association of Athletics Federations (“IAAF”) banned from late April 25, 2006 until early December 2008 for using 19-Norandrosterone. Prizes and medals related to the 2006 Seoul Marathon were revoked.

Case information

Docket number: 
4A_456/2009
Original language: 
German
Published: 
28 ASA Bull 786 (2010)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
September 7, 2018

The opinion is extremely interesting and it has been the object of much comment lately. Our team has therefore made sure that an English version would be made available to the arbitration community on a priority basis and we are happy to put it online today.

The case has already been described in an article by Sebastian Perry in The Global Arbitration Review and our friends at Thouvenin also mentioned it in their recent issue. Both are attached for ease of reference.

Case information

Docket number: 
5A_942/2017
Original language: 
German
Parties
Counsel
PDF version of the translation: 
Chairman: