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)
October 10, 2008

The decision is quite interesting as the case involved work on a plant in Turkey, for which, among other things a bank guarantee had been issued. The parties fell out, attempts were made at calling the guarantee and an ICC arbitration ensued. The Arbitral Tribunal (Dr. Daniel Busse, Dr. Gert Thoenen and Dr. Philipp Habegger as chairman) issued a partial award on April 9, 2008.

Case information

Docket number: 
4A_224/2008
Original language: 
German
Published: 
27 ASA Bull 290 (2009)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
November 17, 2008

The opinion is of limited scholarly interest but it provides a good illustration of the “collective mind” of our Supreme Court.

Case information

Docket number: 
4A_438/2008
Original language: 
French
Published: 
29 ASA Bull 379 (2011)
2 SwissIntArbRep 535 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
January 22, 2009

This decision of the Swiss Federal Tribunal of January 22, 2009 involves sport arbitration and put an end to a dispute involving field hockey.

In April 2008 a qualifier competition for the Olympic Games was held in Baku, Azerbaijan. The Spanish and the Azerbaijan feminine teams played in the final and the Spanish team won. Anti-doping tests were conducted with two players of the Spanish team apparently showing positive results.

Case information

Docket number: 
4A_424/2008
Original language: 
French
Published: 
29 ASA Bull 178 (2011)
also see 3 SwissIntArbRep 57 (2009)
Parties
Counsel
PDF version of the translation: 
January 22, 2008

The appeal was directed against an ICC award issued by three well known arbitrators, Andreas Reiner (chair), Klaus Sachs and Bernard Hanotiau on October 10, 2007. The venue of the arbitration was Zurich. A previous award had been issued on May 27, 2007 and also appealed. The English version of the opinion of the Federal Tribunal of the same date, January 22, 2008, with regard to the first appeal may also be downloaded from our web site :  4A_244/2007.

Case information

Docket number: 
4A_468_2007
Original language: 
French
Published: 
2 SwissIntArbRep 71 (2008)
134 ATF III 186 (2008)
Parties
Counsel
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
January 22, 2008

Here is a decision of January 22, 2008, which dealt with the somewhat arcane issue of a subsidiary, which was a party to an arbitration clause, but then left the Group of companies involved as a consequence of an MBO. It was argued that by doing so, the former subsidiary would no longer be a party to the arbitration agreement. The argument was rejected (see pages 6 and 7).

Case information

Docket number: 
4A_244/2007
Original language: 
German
Published: 
26 ASA Bull 549 (2008)
also see 2 SwissIntArbRep 45 (2008)
Parties
Counsel
PDF version of the translation: 
Chairman: 
March 14, 2008

The case involved a petition to the Federal Tribunal for the revision of an international award issued by Swiss arbitrator Martin Bernet in Zurich on February 23, 2007. As you know, Swiss case law has determined that the revision of international awards falls within the jurisdiction of the Federal Tribunal. The case is interesting because after the award was issued, the petitioner discovered in its own archives a number of documents, which could have established that bribery had taken place.

Case information

Docket number: 
4A_42/2008
Original language: 
German
Published: 
2 SwissIntArbRep 153 (2008)
134 BGE III 286 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
April 8, 2009

The case involved a consulting agreement, which led to arbitration in Zurich. The sole arbitrator (Swiss lawyer Martin Bernet, a highly regarded arbitrator) assumed jurisdiction in 2005 and also held that the consulting agreement was valid in a subsequent award in 2007. New evidence was discovered and a request for revision was filed in 2008. The Federal Tribunal rejected the request for revision on March 14, 2008.

Case information

Docket number: 
4A_69/2009
Original language: 
German
Published: 
28 ASA Bull 124 (2010)
also see 3 SwissIntArbRep 205 (2009)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
July 23, 2012

This quite interesting opinion involved two arbitrations. The first was a BIT arbitration which led to an award of July 1st, 2009 ordering the state concerned (the Kingdom of Thailand) to pay € 29.21 million to a German company pursuant to the BIT between Thailand and Germany. That award is available on the Internet (www.iareporter.com) and the arbitral tribunal comprised Marc Lalonde, Jayavadh Bunnag, and Ian Barker as chairman.
 

Case information

Docket number: 
4A_570/2011
Original language: 
French
Parties
Appellant: 
Counsel
PDF version of the translation: 
Chairman: