Swiss Arbitration Decisions

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Found 14 result(s)
February 19, 2009

The case involved a consortium between an Italian and a Dutch company to build some heat recovery steam generators for two electrical power plants in Egypt. On October 17, 2006, the Italian company, by then in liquidation, claimed some amounts from the other party. The sole arbitrator, Sebastien Besson, sitting in Geneva, granted part of the claim in an award of October 8, 2008 and an appeal to the Federal Tribunal was filed by the Italian company.

Case information

Docket number: 
4A_539/2008
Original language: 
French
Published: 
27 ASA Bull 801 (2009)
also see 3 SwissIntArbRep 115 (2009)
Parties
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
July 2, 2015

The case involved an Egyptian football club and a professional player who had a disagreement which the FIFA Dispute Resolution Chamber decided in the player’s favor in June 2013. An appeal was made to the Court of Arbitration for Sport (“CAS”) and a three-arbitrator panel (chairman Mark Hovell with arbitrators Michael Gerlinger and Christian Duve) issued an award in October 2014, essentially upholding the DRC decision but correcting the amounts in several respects.

 

Case information

Docket number: 
4A_684/2014
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
October 29, 2010

This decision pertains to the case of the well-known cyclist Alejandro Valverde Belmonte. Since the case was all over the press, the Federal Tribunal took the somewhat unusual step to include the names of all the people involved.

As you will see, Belmonte was banned from competing in Italy for two years in a decision issued in May 2009, for an alleged doping violation. He challenged the decision in front of the Court of Arbitration for Sport (CAS).

Case information

Docket number: 
4A_234/2010
Original language: 
French
Published: 
29 ASA Bull 80 (2011)
136 ATF III 605 (2010)
Parties
Counsel
PDF version of the translation: 
Chairman: 
January 3, 2011

This decision of the Swiss Supreme Court of January 3, 2011 is the second in the case of the well-known Spanish cyclist Alejandro Valverde Belmonte.

 

As you may remember, the first decision of the Swiss Supreme Court, dated October 29, 2010 may be found here (4A_234/2010)

 

January 3, 2011

This decision of the Swiss Supreme Court is the third in the matter of the Spanish cyclist Alejandro Valverde Belmonte.

 

There was a first decision dated October 29, 2010 (4A_234/2010). The first Belmonte decision was quite interesting because it raised the issue of the degree of independence and impartiality expected from a party-appointed arbitrator.

 

Case information

Docket number: 
4A_420/2010
Original language: 
French
Published: 
29 ASA Bull 712 (2011)
Parties
Counsel
PDF version of the translation: 
October 9, 2012

The case involved a Belgian professional mountain biker banned for two years and fined in November 2010 because clomiphene had been found in his urine.

 

The International Cycling Union (“ICU”) appealed to the Court of Arbitration for Sport (“CAS”) and sought a higher fine. The athlete also appealed.

 

Case information

Docket number: 
4A_110/2012
Original language: 
French
Published: 
31 ASA Bull 174 (2013)
Parties
Counsel
PDF version of the translation: 
Chairman: 
August 28, 2014

The case involved a decision of the FIFA Dispute Resolution Chamber (“DRC”) ordering a player and his club jointly to pay an amount of £400’000 to the Claimant because the player had been hired in breach of the relevant FIFA regulation on the transfer of players. Both joint Defendants appealed to the Court of Arbitration for Sport (“CAS”) but the Player failed to pay the advance of costs and his appeal was deemed withdrawn and consequently struck out.

 

Case information

Docket number: 
4A_6/2014
Original language: 
French
Published: 
33 ASA Bull 85 (2015), ATF 140 III 520
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
January 28, 2016

The manager of a cycling team, who is a citizen of Belgium and domiciled in Spain, was involved as sport manager with several cycling teams, including in the United States. He was a member of the Belgian Cycling Federation and the holder of a license issued by the Union Cycliste Internationale. On the form he signed was a reference to anti-doping regulations and the exclusive jurisdiction of the CAS.

 

Case information

Docket number: 
4A_222/2015
Original language: 
French
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
March 21, 2011

The dispute arose between a Tunisian citizen and a French company and the Shareholders’ Agreement they had entered into on September 4, 2010. The Agreement contained an arbitration clause providing for ICC arbitration in Geneva. A three-member panel of arbitrators was constituted with Tim Portwood as Chairman, and Paul Friedland and Francesco Marena as Arbitrators. The arbitral tribunal issued an award on March 1, 2010, which the French company sought to rectify.

Case information

Docket number: 
4A_486/2010
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
January 4, 2012

This judgment, dated January 4, 2012 and the first decision issued in 2012, is quite interesting and deserves reading.

It involved a Tunisian businessman who entered into certain agreements with some foreign companies. The agreements contained an opting out of appeals worded as follows:

“The decision of the arbitration shall be final and binding and neither Party shall have any right to appeal such decision to any court of law”.

Case information

Docket number: 
4A_238/2011
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
January 10, 2013

It is the first Swiss episode in the saga of the dispute between the Nationally Iranian Oil Company (“NIOC”) and the State of Israel.

 

Case information

Docket number: 
4A_146/2012
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
March 17, 2011

The case involved a dispute between several chess federations (the French, German, Swiss, Ukrainian and American Federations and a company named Karpov 2010 Inc.) in the framework of the election campaign for the new chairman of the Fédération Internationale des Echecs (“FIE”). Kirsan Ilyumzhinov’s candidacy was opposed by Anatoly Karpov (the former was subsequently elected).

Case information

Docket number: 
4A_600/2010
Original language: 
French
Published: 
30 ASA Bull 119 (2012)
Parties
Counsel
PDF version of the translation: 
December 16, 2015

The case involved a dispute between a bank and the member of another banking group under a Share Purchase Agreement whereby the purchaser had to recapitalize the subsidiary that was sold according to a ratio which might have led to a subsequent adjustment.

 

The contract provided for ICC arbitration in Geneva and when a dispute arose, the three-member arbitral tribunal (Pierre Tercier chair, with arbitrators Alan Redfern and Ibrahim Fadlallah) upheld the claim in full.

Case information

Docket number: 
4A_520/2015
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
June 29, 2017

The case involved Michel Platini, UEFA President until 2016, who filed an appeal against a CAS award (chairman Luigi Fumagalli with arbitrators Jan Paulsson and Bernard Hanotiau) partially upholding the decision of the FIFA Appeal Committee, and banning him from any football-related activities for four years.

Case information

Docket number: 
4A_600/2016
Original language: 
French
Parties
Counsel
PDF version of the translation: