Swiss Arbitration Decisions

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Found 7 result(s)
January 31, 2012

This quite interesting opinion dated January 31st, 2012, involved a supply and joint venture agreement between an American and another company, essentially purporting to provide for exclusive distribution rights in the Nafta area.

Case information

Docket number: 
4A_360/2011
Original language: 
French
Published: 
30 ASA Bull 634 (2012)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
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: 
February 7, 2011

The case arose from a somewhat complex web of contracts (described in section A of the opinion). The fact that the names are omitted does not facilitate an understanding of what the case was all about. The dispute was between France Telecom and Euskatel, and the arbitration proceedings were conducted in Geneva under ICC rules before an arbitral tribunal composed of Horacio Grigera-Naon as Chairman, with Yves Derains and José Perez-Lorca-Rodrigo as arbitrators.

 

Case information

Docket number: 
4A_482/2010
Original language: 
French
Published: 
29 ASA Bull 721 (2011)
Parties
Counsel
PDF version of the translation: 
April 6, 2011

The case involved a contract signed in 2006 (“the Protocol”) by which certain shares were assigned by a Luxemburg company to a French company. Litigation in French Courts ensued and in November 2009, the Luxemburg company initiated arbitration proceedings in Switzerland pursuant to an ICC clause contained in the Protocol.

 

Case information

Docket number: 
4A_614/2010
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
January 6, 2016

The case involved an investment agreement between a French company and a Spanish company. The contract was governed by Spanish law and provided for ICC arbitration in Geneva.

 

Case information

Docket number: 
4A_572/2015
Original language: 
French
Published: 
34 ASA Bull 171 (2016)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
March 16, 2016

The case involved two contracts of association between a BVI company and an Algerian state entity for oil-related exploration in Algeria.

Case information

Docket number: 
4A_628/2015
Original language: 
French
Published: 
ATF 142 III 296
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
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):