Swiss Arbitration Decisions

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Found 6 result(s)
April 25, 2017

While the arbitration itself was born from a fascinating tripartite contract dispute with its roots inthe political upheaval following the so-called “Arab Spring,” the Federal Tribunal’s decision is of average interest only, as the Court was, once again, inclined to reiterate its narrow scope of review on the “right to be heard” (due process) in international arbitration.

Case information

Docket number: 
4A_34/2016
Original language: 
French
Published: 
36 ASA Bull 996 (2018)
Parties
Counsel
PDF version of the translation: 
October 29, 2008

The Federal Tribunal refers to two arbitrations. As it happens, I was one of the arbitrators in one of the two and it might not be fully appropriate for me to comment or criticize the decision.

Accordingly, I will simply point out the issues the Federal Tribunal dealt with:

(i) Section 3 of the opinion deals with jurisdiction. The interesting part is at 3.3.1.2 at pages 10 – 11.

Case information

Docket number: 
4A_210/2008
Original language: 
French
Published: 
2009, ASA Bulletin 309
2 SwissIntArbRep 495 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
January 24, 2017

The case involved a purchase agreement for a packing machine governed by Swiss law, containing a somewhat pathological arbitration clause providing for arbitration by “the International Chamber of Commerce of Geneva”,  yet under ICC Rules.

 
Arbitration was initiated by the Purchaser in 2014. The Respondent raised a jurisdictional defense in addition to its submissions on the merits.

Case information

Docket number: 
4A_672/2016
Original language: 
German
Published: 
36 ASA Bull 145 (2018)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
July 29, 2010

The case involved a Norwegian equestrian whose horse had tested positive for Capsaicin during the 2008 Olympic Games in China. A tribunal of the Fédération Equestre Internationale (FEI) found against the equestrian, disqualified him and the horse from the Olympic Games in Beijing and deprived him of all medals and prizes. The equestrian was also fined and banned for four and a half months.

Case information

Docket number: 
4A_43/2010
Original language: 
German
Published: 
28 ASA Bull 837 (2010)
Parties
Counsel
PDF version of the translation: 
June 18, 2012

This decision dated June 18, 2012 is of limited interest and should really be read only if you are actively involved in sport arbitration.

A young Polish karting driver took part in a competition in Germany in July 2010. He was 12 years old at the time but tested positive for Nikethamide, an illicit substance. The medical panel of the Anti-Doping Committee of the Fédération Internationale de l’Automobile banned him from competition for two years and annulled his results.

Case information

Docket number: 
4A_636/2011
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
January 17, 2013

The dispute involved a contract between a French and an Iraqi company appointing the latter as agent for the sale in Iraq and subsequently in Syria of diesel engines for electrical power plants. The contract was governed by Swiss law and contained an ICC arbitration clause with venue in Lausanne (Switzerland).

 

Case information

Docket number: 
4A_538/2012
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: