Swiss Arbitration Decisions

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Found 13 result(s)
May 3, 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_42/2016
Original language: 
French
Published: 
34 ASA Bull 958 (2016)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
December 10, 2007

The ENUSA decision of the Federal Tribunal, which is the Supreme Court of Switzerland, related to a dispute between a Spanish company and an American company arising from a Marketing Agreement of August 1, 2003. The Marketing Agreement had been concluded between SHS CERAMICAS S.A., a Spanish company, which subsequently assigned its claim to ENUSA Industrias Avanzadas S.A. and LIPO CHEMICALS Inc. of New Jersey.

Case information

Docket number: 
4A_352/2007
Original language: 
French
Published: 
26 ASA Bull 322 (2008)
also see 2 SwissIntArbRep 29 (2008)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
August 5, 2013

For those of you who read French it has already been the object of a short commentary by Laurent Hirsch on October 1st 2013. Laurent’s comments were posted at arbitrage-adr@yahoogroupes.fr

The case involved the sale of Russian coal between two Swiss companies. There was an arbitration clause with Swiss law governing the contract and with venue in Zürich under the Swiss Chambers’ Arbitration Institution (SCAI) rules.

Case information

Docket number: 
4A_214/2013
Original language: 
French
Published: 
32 Asa Bull 118 (2014)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
March 8, 2006

1. The judgment issued by the Supreme Court of Switzerland (“Federal Tribunal”) on March 8, 2006 in the case of Tensacciai S.P.A v. Freyssinet Terra Armata S.R.L will be the object of praise and criticism for a long time. The original decision is in French.

Case information

Docket number: 
4P.278/2005
Original language: 
French
Published: 
24 ASA Bull 550 (2006)
132 ATF III 389 (2006)
Parties
Counsel
PDF version of the translation: 
May 14, 2001

At issue in the Fomento case was lis pendens and more precisely whether or not international arbitrators sitting in Switzerland had to stay the arbitration when a state court abroad was seized of the matter before the arbitration started. Fomento, a Spanish company, had been retained as a contractor by a Panamian company, Colon Container Terminals (“CCT”) to work on the construction of a port terminal. A dispute arose. Fomento filed a claim against CCT in Panama.

Case information

Docket number: 
4P.37/2001
Original language: 
French
Published: 
19 ASA Bull 555 (2001)
127 ATF III 279 (2001)
Parties
Counsel
PDF version of the translation: 
Chairman: 
October 6, 2015

Although the Federal Tribunal did its best to “anonymize” the judgment, it is immediately apparent that it involved the dispute between Eléctricité de France (EDF) International SA and the Republic of Hungary.

 

Case information

Docket number: 
4A_34/2015
Original language: 
French
Published: 
ATF 141 III 495
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
May 26, 2010

The case is quite interesting because  most of the appeals of which the Swiss Supreme Court is seized against international arbitral awards are rejected, but this one was granted in part and the award was annulled.

Case information

Docket number: 
4A_433/2009
Original language: 
French
Published: 
29 ASA Bull 673 (2011)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
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: 
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): 
December 16, 2015

The case involved a dispute between a bank and the member of another banking group under a Share Purchase Agreement whereby the purchaser had to recapitalize the subsidiary that was sold according to a ratio which might have led to a subsequent adjustment.

 

The contract provided for ICC arbitration in Geneva and when a dispute arose, the three-member arbitral tribunal (Pierre Tercier chair, with arbitrators Alan Redfern and Ibrahim Fadlallah) upheld the claim in full.

Case information

Docket number: 
4A_520/2015
Original language: 
French
Published: 
35 ASA Bull 729 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
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):