Swiss Arbitration Decisions

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Found 7 result(s)
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: 
May 26, 2010

The case is quite interesting because  most of the appeals of which the Swiss Supreme Court is seized against international arbitral awards are rejected, but this one was granted in part and the award was annulled.

Case information

Docket number: 
4A_433/2009
Original language: 
French
Published: 
29 ASA Bull 673 (2011)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
June 27, 2012

This quite interesting opinion is the second judgment of the Federal Tribunal in a case involving an American company which had outsourced the works for an airbase in Iraq to a Turkish company. The 2004 contract contained an ICC arbitration clause with venue in Geneva.

Case information

Docket number: 
4A_54/2012
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
October 6, 2015

Although the Federal Tribunal did its best to “anonymize” the judgment, it is immediately apparent that it involved the dispute between Eléctricité de France (EDF) International SA and the Republic of Hungary.

 

Case information

Docket number: 
4A_34/2015
Original language: 
French
Published: 
ATF 141 III 495
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
August 17, 2015

The case involved a Consultancy Services Agreement entered into in February 2011. The contract provided for ICC arbitration in Zürich and it was governed by Swiss law.

 

When a dispute arose as to the fees due under the CSA, the ICC appointed Pierre-Yves Gunter as sole arbitrator and an award was issued in December 2014, essentially upholding the claim.

 

An appeal was made to the Federal Tribunal and the following may be of some interest in the opinion:

Case information

Docket number: 
4A_54/2015
Original language: 
German
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): 
June 27, 2016

While the case is a cause célèbre because it involved the performance and breach of contracts between an Israeli state-owned company and the National Oil Company of Iran and went through an interminable judicial saga, the matter is actually of limited interest from a legal point of view.

 

Case information

Docket number: 
4A_322/2015
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: