Swiss Arbitration Decisions

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Found 11 result(s)
September 23, 2008

The case involved a sports arbitration in Lausanne, in which two Argentinean agents had been entrusted with negotiating the transfer of a player to the Spanish club Real Madrid. The transfer was not completed due to a negative medical report. The agents filed a claim with FIFA for fees, which was rejected. On February 29, 2008, the Court of Arbitration for Sports (“CAS”) upheld the dismissal of the claim. The CAS arbitral tribunal was chaired by Prof. Massimo Coccia with Mr. D.

Case information

Docket number: 
4A_176/2008
Original language: 
German
Published: 
27 ASA Bull 128 (2009)
also see Vol 2 SwissIntArbRep 451 (2008)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
April 7, 2014

The case involved two football teams and a football federation. One of the teams was denied a license to play in the first division of the championship for the following season as it was involved in bankruptcy proceedings. However the team ended up playing in a qualifying playoff game, which it won, therefore obtaining the right to play in the first division of the championship for the following year – despite the bankruptcy proceedings.

 

Case information

Docket number: 
4A_564/2013
Original language: 
French
Published: 
32 ASA Bull 854 (2014)
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
February 9, 2009

The decision is certainly an interesting one. It has already been commented by Antonio Rigozzi (Cahiers de l’Arbitrage  2009 / 2 p. 33) and by  Laurent Hirsch in the arbitration forum arbitrage-adr@yahoogroupes.fr in March 2009. The decision was also discussed by Hansjörg Stutzer in the Thouvenin newsletter at http://www.thouvenin.com/pages_e/frame/05aktuell.html

Case information

Docket number: 
4A_400/2008
Original language: 
French
Published: 
27 ASA Bull 495 (2009)
also see 3 SwissIntArbRep 77 (2009)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
January 6, 2010

A football club (Le Sportif de Toluca Football Clubs SA) and a player (Christian Gimenez) entered into an employment contract on August 1st, 2007. The contract was terminated in the summer of 2008 and the player sued. The national federation involved partially granted the player’s claim for lost salary and in an award of April 24, 2009 the CAS, to which both parties had appealed, ordered the club to pay a substantial amount.

Case information

Docket number: 
4A_260/2009
Original language: 
French
Published: 
28 ASA Bull 272 (2010)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
December 6, 2012

The case concerned another alleged breach of employment contract by a player who signed with another club before his employment contract expired.

Case information

Docket number: 
4A_276/2012
Original language: 
French
Published: 
32 Asa Bull 77 (2014)
Parties
Counsel
PDF version of the translation: 
November 9, 2015

The case involved a players’ agent who signed a contract with a club in Chile, pursuant to which he would perform some services and be paid in instalments. When only the first two instalments were paid, he sued in the FIFA Players’ Status Committee but in February 2014, the single judge of the Players’ Status Committee rejected the claim because he found that the Claimant failed to establish that his activities fell within the FIFA Players’ Agents Regulations.

 

Case information

Docket number: 
4A_176/2015
Original language: 
French
Published: 
34 ASA Bull 738 (2016)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
July 9, 2014

The case involved a dispute as to the share of a transfer fee that was owed to a professional football player. In the summer of 2012, the player took his club to the Players’ Status Committee of his national federation, which declined jurisdiction. He then appealed to the Court of Arbitration for Sport (CAS) and arbitrator Luis Moreno upheld his jurisdiction and decided the case on the merits. He granted the player an amount of USD 1’750’000 in his award of December 31, 2013.

Case information

Docket number: 
4A_90/2014
Original language: 
French
Published: 
33 ASA Bull 95 (2015)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
May 7, 2010

This decision the Federal Tribunal issued on May 7, 2010 involves two international Russian biathletes belonging to the Russian National Biathlon Team, who were tested for illicit substances at the end of 2008 and found positive.

The International Biathlon Union Doping Hearing Panel suspended the biathletes for two years from the date of the tests and an appeal was made to the Court of Arbitration for Sport (“CAS”).

Case information

Docket number: 
4A_620/2009
Original language: 
French
Published: 
28 ASA Bull 658 (2010)
Parties
Counsel
PDF version of the translation: 
June 17, 2015

A professional football club was found liable severally with one of its players for the financial consequences of the termination without cause of the player’s previous employment contract with another club. In February 2013, the FIFA Dispute Resolution Chamber ordered the player and the club severally to compensate the other club.

 

Case information

Docket number: 
4A_124/2015
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
January 3, 2011

This decision of the Swiss Supreme Court of January 3, 2011 is the second in the case of the well-known Spanish cyclist Alejandro Valverde Belmonte.

 

As you may remember, the first decision of the Swiss Supreme Court, dated October 29, 2010 may be found here (4A_234/2010)

 

January 3, 2011

This decision of the Swiss Supreme Court is the third in the matter of the Spanish cyclist Alejandro Valverde Belmonte.

 

There was a first decision dated October 29, 2010 (4A_234/2010). The first Belmonte decision was quite interesting because it raised the issue of the degree of independence and impartiality expected from a party-appointed arbitrator.

 

Case information

Docket number: 
4A_420/2010
Original language: 
French
Published: 
29 ASA Bull 712 (2011)
Parties
Counsel
PDF version of the translation: