Swiss Arbitration Decisions

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Found 14 result(s)
February 13, 2012

This opinion dated February 13, 2012 that is of moderate interest involved a complex dispute between two tennis players and both the Flemish Tennis Federation and the World Anti-Doping Agency. The two tennis players had been banned for a year for alleged violations of anti-doping rules and an appeal was made to the CAS in November 2009 by the players and by WADA in December.

Case information

Docket number: 
4A_428/2011
Original language: 
French
Parties
PDF version of the translation: 
Chairman: 
March 8, 2012

This opinion dated March 8, 2012, which was posted on the website of the Court some weeks later, is quite interesting.

Case information

Docket number: 
4A_627/2011
Original language: 
German
Published: 
30 ASA Bull 647 (2012)
Parties
Counsel
PDF version of the translation: 
Chairman: 
February 28, 2013

The case involved a weightlifter who tested positive for Boldenone (an anabolic steroid) and was ruled ineligible for four years, which prevented him from competing anywhere.

 

Case information

Docket number: 
4A_576/2012
Original language: 
French
Published: 
32 ASA Bull 543 (2014)
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
December 14, 2012

The case involved a dispute between a professional basketball player and her former agent. On March 12, 2012 the competent body of the Fédération Internationale de Basketball, the Basketball Arbitral Tribunal (Ulrich Haas, sole arbitrator) issued an award ordering her to compensate the agent.

 

Case information

Docket number: 
4A_198/2012
Original language: 
French
Published: 
32 ASA Bull 580 (2014)
Parties
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
January 20, 2010

The opinion issued the Federal Tribunal issued on January 20, 2010 regards the jurisdictional issues in connection with the case of Essam El Hadary v. Al-Ahly Sporting Club and FC Sion.

The case involves a jurisdictional award of the Court of Arbitration for Sport (CAS) issued on October 7, 2009. The CAS was composed of Ulrich Haas, Olivier Carrard (a partner at ZPG), and Massimo Coccia as Chairman.

Case information

Docket number: 
4A_548/2009
Original language: 
French
Published: 
28 ASA Bull 64 (2010)
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
March 5, 2010

The case involved a Sport Federation and a press conference. While the Federal Tribunal, in accordance with its practice, made it impossible to identify the parties from the opinion as published on its website, a little bit of sleuthing on Google quickly shows that the case involved the press conference held by Mr. Rudel Obreja, a Romanian technical delegate, at the 2008 Beijing Olympics in connection with some alleged misdeeds within the International Boxing Association.

Case information

Docket number: 
4A_524/2009
Original language: 
French
Published: 
28 ASA Bull 584 (2010)
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
January 12, 2011

The case of the well-known football player Essam El Hadary has occupied the Federal Tribunal three times, and the enclosed decision of January 12, 2011, is the second one.

 

As you may recall, a first decision of January 20, 2010 (4A_548/2009), involved a jurisdictional award of the Court of Arbitration for Sport issued on October 7, 2009.

 

Case information

Docket number: 
4A_394/2010
Original language: 
French
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
January 12, 2011

This is the third decision in the Essam El Hadary's matter, which was issued on January 12, 2011.

 

Case information

Docket number: 
4A_392/2010
Original language: 
French
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): 
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: 
October 16, 2012

The case involved an appeal to the Federal Tribunal by a football federation against an award on costs issued by the Court of Arbitration for Sport (CAS) on April 27, 2012. The CAS Panel was composed of Romano Subioto, chairman, with Ulrich Haas and Allan Sullivan as arbitrators.

 

Case information

Docket number: 
4A_314/2012
Original language: 
French
Published: 
32 ASA Bull 646 (2014)
Parties
Counsel
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
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: 
October 29, 2010

This decision pertains to the case of the well-known cyclist Alejandro Valverde Belmonte. Since the case was all over the press, the Federal Tribunal took the somewhat unusual step to include the names of all the people involved.

As you will see, Belmonte was banned from competing in Italy for two years in a decision issued in May 2009, for an alleged doping violation. He challenged the decision in front of the Court of Arbitration for Sport (CAS).

Case information

Docket number: 
4A_234/2010
Original language: 
French
Published: 
29 ASA Bull 80 (2011)
136 ATF III 605 (2010)
Parties
Counsel
PDF version of the translation: 
Chairman: 
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: