Swiss Arbitration Decisions

Use double-quotes to match a sentence or a date. Format dates as follows: "month dd, yyyy". (eg.: "february 23, 2007")
Found 8 result(s)
January 26, 2017

On June 4, 2009, the Argentinian professional football player Z.________ and the Italian Club X.________ concluded a five-year employment contract. The player terminated the contract for cause on July 1, 2013, and shortly afterwards he concluded another employment contract with the Argentinean football Club Y.________.

Case information

Docket number: 
4A_716/2016
Original language: 
French
Parties
Counsel
PDF version of the translation: 
June 10, 2010

This opinion of the Swiss Supreme Court, dated June 10, 2010, is somewhat unusual because the Court chose to mention the names of the parties in the text published on the Court’s website. Readers of the decisions of the Swiss Federal Tribunal know that the names are generally omitted, except in cases involving public figures and this seems to have been the reason in this case as the Appellant was the well-known football player Adrian Mutu.

Case information

Docket number: 
4A_458/2009
Original language: 
French
Published: 
28 ASA Bull 520 (2010)
Parties
Appellant: 
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: 
November 7, 2011

This case was already the subject of some commentaries, notably by Hans Jörg Stutzer and Michael Bösch in the latest issue of the Thouvenin newsletter (www.thouvenin.com).

 

Case information

Docket number: 
4A_246/2011
Original language: 
German
Published: 
30 ASA Bull 157 (2012)
138 BGE III 29 (2011)
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
March 27, 2012

This case dated March 27, 2012 is a landmark in Swiss jurisprudence and therefore called for an immediate translation into English in view of the great interest of the decision. It is certainly worth reading.

As you will see, the case involved FIFA and a Brazilian player known as Matuzalem, who presently plays with the Italian club Lazio of Rome.

Case information

Docket number: 
4A_558/2011
Original language: 
German
Published: 
30 ASA Bull 591 (2012)
138 BGE III 322
Parties
Counsel
PDF version of the translation: 
Chairman: 
October 9, 2012

The case involved a Belgian professional mountain biker banned for two years and fined in November 2010 because clomiphene had been found in his urine.

 

The International Cycling Union (“ICU”) appealed to the Court of Arbitration for Sport (“CAS”) and sought a higher fine. The athlete also appealed.

 

Case information

Docket number: 
4A_110/2012
Original language: 
French
Published: 
31 ASA Bull 174 (2013)
Parties
Counsel
PDF version of the translation: 
Chairman: 
August 5, 2013

The case involved a dispute between a Slovakian and a Czech football club as to training compensation for a young player trained by the Slovakian club and subsequently hired by the Czech club.

The FIFA Dispute Resolution Chamber rejected the claim and the Slovakian club appealed to the Court of Arbitration for Sport (CAS).

Case information

Docket number: 
4A_274/2013
Original language: 
German
Parties
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
April 4, 2008

The case involved a request for revision of an arbitral award issued on August 7, 2007 by the Court of Arbitration for Sport ("CAS") with three arbitrators sitting, Luigi Fumagalli, Jose Juan Pintó Sala and Chairman Jan Paulsson. The award was not appealed but some months later an application was made for revision, supposedly because one of the arbitrators was not independent.

Case information

Docket number: 
4A_528/2007
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
Chairman: