Swiss Arbitration Decisions

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Found 9 result(s)
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): 
June 3, 2013

The case involved a dispute between two French companies for the renovation work done on a hotel in the French Antilles.

Case information

Docket number: 
4A_666/2012
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
September 30, 2013

The case involved a distribution agreement between an English company and a Greek company. The contract was governed by English law and provided for ICC arbitration in Geneva.

The English company subsequently advised its Greek counterpart that the goods would henceforth be sent and invoiced by an Italian company as a consequence of an administrative reorganization of the group.

Case information

Docket number: 
4A_232/2013
Original language: 
French
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: 
March 21, 2011

The dispute arose between a Tunisian citizen and a French company and the Shareholders’ Agreement they had entered into on September 4, 2010. The Agreement contained an arbitration clause providing for ICC arbitration in Geneva. A three-member panel of arbitrators was constituted with Tim Portwood as Chairman, and Paul Friedland and Francesco Marena as Arbitrators. The arbitral tribunal issued an award on March 1, 2010, which the French company sought to rectify.

Case information

Docket number: 
4A_486/2010
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
January 4, 2012

This judgment, dated January 4, 2012 and the first decision issued in 2012, is quite interesting and deserves reading.

It involved a Tunisian businessman who entered into certain agreements with some foreign companies. The agreements contained an opting out of appeals worded as follows:

“The decision of the arbitration shall be final and binding and neither Party shall have any right to appeal such decision to any court of law”.

Case information

Docket number: 
4A_238/2011
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
March 15, 2011

The case involved a claim by a company based in the Cayman Islands concerning some commissions allegedly due for the assistances provided to a construction company with a view to obtaining the works for a water supply system and a highway.

 

The Contracts contained an arbitration clause providing for ICC arbitration and a three-member arbitral tribunal was constituted with Bernhardt Meyer as Chairman, and Pierre-Yves Gunter and Roberto Dallafior as arbitrators.

 

Case information

Docket number: 
4A_481/2010
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
October 16, 2012

The case involved a Portuguese company created as a joint venture by three German companies. The JV entered into a Sales and Purchase Agreement with a Chinese company in 2008, containing an arbitration clause providing for ICC arbitration in Geneva.

 

Case information

Docket number: 
4A_50/2012
Original language: 
German
Parties
Counsel
PDF version of the translation: 
Chairman: 
October 8, 2014

Pursuant to a 2003 Distribution Agreement, two companies entered into a relationship governed by a law other than Swiss law concerning the distribution of pharmaceuticals. The contract contained an arbitration clause and a dispute arose as to whether or not certain additional services had been performed, which caused some new products to be accepted in the country considered.

Case information

Docket number: 
4A_199/2014
Original language: 
French
Published: 
33 ASA Bull 360 (2015)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: