Swiss Arbitration Decisions

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Found 21 result(s)
March 6, 2017

The case involved two Lybian companies and a construction dispute. There were two successive contracts with different jurisdiction clauses. A dispute arose and ICC arbitration proceedings were initiated in Zürich under the first contract (a FIDIC contract). When confronted with a jurisdictional defense raised in the arbitration, the Arbitral Tribunal (Chairman Anis F.Kassim, with arbitrators Loukas Mistelis and Mohmmed Ibrahim Werfalli) upheld its jurisdiction.

 

Case information

Docket number: 
4A_490/2016
Original language: 
German
Published: 
35 ASA Bull 428 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
October 28, 2015

The case involved the division of an estate, which gave rise to a dispute between the heirs. In March 2011, they had executed an out-of-court settlement, which provided for arbitration in Geneva under a foreign law not specified in the opinion.

 

A three-members arbitral tribunal was constituted when a dispute arose. The names of the arbitrators are not known. The arbitral tribunal issued a final award in March 2015.

 

Case information

Docket number: 
4A_218/2015
Original language: 
French
Published: 
34 ASA Bull 165 (2016)
Parties
Appellant: 
Respondent: 
PDF version of the translation: 
January 30, 2013

The case involved a contract in which three parties agreed to make their respective contributions with a view to acquiring a large number of shares in a company. One of the parties failed to make its contribution and the contract contained an arbitration clause providing for arbitration in Lugano under the Swiss Rules of International Arbitration.

 

Case information

Docket number: 
4A_335/2012
Original language: 
Italian
Published: 
32 ASA Bull 570 (2014)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
April 28, 2014

Case information

Docket number: 
4A_112/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
February 26, 2015

The case involved a dispute between a Mexican football club and some Argentine coaches. In 2009, they entered into an employment contract with the club and the contract had dispute resolution clause, yet confusingly providing for jurisdiction of a state court as well as jurisdiction of the Mexican Football Federation.

 

Case information

Docket number: 
4A_374/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
December 10, 2015

The matter involved an Argentinian player who entered into a contract with two players’ agents in Argentina and then unilaterally terminated the contract.

 

The agents sued in the Court of Arbitration for Sport, which had jurisdiction pursuant to an arbitration clause in the contract. The CAS Panel (chairman José Juan Pinto with arbitrators Riccardo de Buen and Hernan Ferrari) essentially upheld the claim but only awarded EUR 1 million instead of the EUR 3 million claimed.

Case information

Docket number: 
4A_568/2015
Original language: 
German
Published: 
34 ASA Bull 178 (2016)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
June 3, 2015

The case involved a dispute between a Dutch foundation, an American company and various other players, arising from an investment agreement allegedly breached by one of the parties. The state court in California was seized first and this produced a default judgment in 2007 ordering the restitution of the amount invested and awarding punitive damages.

 

Case information

Docket number: 
4A_676/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
Chairman: 
October 18, 2011

The case involves a 2006 contract between an English company and a Canadian resident, acting as trustee for a trust that owned the shares of a company, sold the shares to the buyer. Simultaneously, an employment contract was entered into between the company owned by the trust, which was based in the United Arab Emirates and an Italian resident with a view to his future employment as a managing director.

Case information

Docket number: 
4A_214/2011
Original language: 
Italian
Published: 
30 ASA Bull 677 (2012)
Parties
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
October 29, 2013

The case involved three license agreements for TV rights, entered into in 2009 and 2010. The licensors started arbitration proceedings in the Court of Arbitration for Sport (CAS) and on December 20, 2012, the CAS Panel consisting of Hans Nater as sole arbitrator rejected the claim while partially upholding a counterclaim by the licensee.

 

The licensors appealed to the Federal Tribunal and the following points are of some interest in the opinion:

Case information

Docket number: 
4A_93/2013
Original language: 
Italian
Published: 
32 ASA Bull 351 (2014)
Parties
Respondent: 
Counsel
PDF version of the translation: 
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: 
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: 
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: 

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