Swiss Arbitration Decisions

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Found 7 result(s)
April 13, 2010

The decision of the Swiss Federal Tribunal of April 13, 2010 is truly a historical decision because for the first time since PILA came into force in 1989, the Federal Tribunal has set aside an international arbitral award for a violation of public policy.

Case information

Docket number: 
4A_490/2009
Original language: 
German
Published: 
28 ASA Bull 511 (2010)
136 BGE III 345 (2010)
Parties
Counsel
PDF version of the translation: 
Chairman: 
January 6, 2010

The case involved an ICC arbitration in Zurich between the successors of a Romanian company, which had entered into a contract with a consortium composed of a Finnish and a German company for the rehabilitation and the modernization of a power plant in Romania. The Consortium initiated arbitral proceedings and a three-arbitrator panel was constituted (Mark Blessing as Chairman, with Andreas Reiner and Victor Tanarescu as arbitrators).

Case information

Docket number: 
4A_348/2009
Original language: 
French
Published: 
28 ASA Bull 772 (2010)
Parties
Counsel
PDF version of the translation: 
Chairman: 
June 2, 2010

The case involved a dispute between the Ukrainian Football Club Shakhtar Donetsk (“Shakhtar”) and the Spanish Club Real Zaragoza, as well as the Brazilian player Matuzalem Da Silva.

Da Silva, on loan from Zaragoza, was transferred from an Italian Club to Shakhtar in 2004. In 2007, an offer was made by an Italian club which Shakhtar rejected. Da Silva then terminated his employment with Shakhtar and signed a new contract with Zaragoza.

Case information

Docket number: 
4A_320/2009
Original language: 
German
Published: 
28 ASA Bull 822 (2010)
Parties
Counsel
PDF version of the translation: 
February 17, 2011

The case involved a Turkish football club and a professional player with which the club had an employment relationship. The player was then injured and ultimately the club sought damages before the FIFA Dispute Resolution Chamber, which awarded a substantial amount on January 9, 2009. Both Parties appealed and on June 7, 2010, a panel of the Court of Arbitration for Sport (“CAS”) composed of Mr. Efraim Barak as Chairman, with Mr. Michel Bernasconi and Mr.

Case information

Docket number: 
4A_402/2010
Original language: 
German
Published: 
30 ASA Bull 685 (2012)
Parties
Counsel
PDF version of the translation: 
Chairman: 
April 18, 2011

The case is of moderate interest as it deals with an issue that is only significant to sports arbitration.

 

A football trainer from Bulgaria trained APOP Kinyras, a Cypriot football club. In late 2008, two of his players tested positive to oxymesterone, a prohibited anabolic steroid. It turned out that the trainer had made some “white pills” available to the players – and some of them apparently did not resist the temptation.

 

Case information

Docket number: 
4A_640/2010
Original language: 
German
Published: 
30 ASA Bull 144 (2012)
Parties
Counsel
PDF version of the translation: 
Chairman: 
May 24, 2013

The case involved a football club in Mexico and a Brazilian player. A dispute as to the player’s compensation resulted in a decision of the FIFA Dispute Resolution Chamber in November 2010, holding that it did not have jurisdiction, whereupon the player filed a claim with the Mexican Conciliation and Resolution of Controversies Commission (“CRCC”). On July 26, 2011, the CRCC found that the claim was time-barred under applicable Mexican law.

 

Case information

Docket number: 
4A_476/2012
Original language: 
German
Published: 
32 Asa Bull 148 (2014)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
May 29, 2013

The case involved a transfer from Uruguay to Spain and the Spanish club acquiring the player failed to pay the various amounts due to the transferring club. The FIFA Players’ Status Committee ordered the payment and then the FIFA Disciplinary Committee imposed a sanction on the Spanish club.

 

Case information

Docket number: 
4A_620/2012
Original language: 
German
Published: 
32 Asa Bull 57 (2014)
Parties
Counsel
PDF version of the translation: