Swiss Arbitration Decisions

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Found 21 result(s)
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: 
June 23, 2009

The case will confirm that the Court of Arbitration for Sports (CAS) is likely to remain a very significant source of Swiss jurisprudence on international arbitration for some time. The CAS is based in Lausanne, as you know, and the number of decisions it issues is important.

Case information

Docket number: 
4A_62/2009
Original language: 
German
Published: 
28 ASA Bull 562 (2010)
also see 3 SwissIntArbRep 351 (2009)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
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: 
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: 
February 23, 2011

The matter involves the Kenya Football Federation (KFF) and FIFA. In October 2006, FIFA suspended the KFF membership for a number of reasons, mainly interference of the Kenyan governmental authorities according to the subsequent arbitral award (which is published on the website of the Court of arbitration for sport: www.tas-cas.org).

 

Case information

Docket number: 
4A_326/2010
Original language: 
German
Parties
Counsel
PDF version of the translation: 
April 11, 2011

Luis Fernandez, the well-known French football coach was hired by a football club in Qatar in 2005 but he terminated his employment with that Club a few months later. He agreed to pay an amount of EUR 400,000 to the Qatari Club as a consequence of the termination. He did so in January 2006, upon his representative being given by fax the name of a Curacao company and a bank account in Geneva. The payment was apparently made by a Seychelles company on behalf of the coach.

 

Case information

Docket number: 
4A_604/2010
Original language: 
French
Published: 
31 ASABull 89 (2013)
Parties
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 
July 20, 2011

The case is not without interest and it involved the technical director and chief coach of the national team of Jamaica, a Mexican citizen of Serbian origin, who had been hired in late 2006, and was terminated in November 2010. The coach filed a claim with the Players’ Status Committee of FIFA and he was awarded USD 1,000,000 for wrongful termination in February 2010. The Jamaican Football Federation appealed that decision to the Court of Arbitration for Sport (CAS).

Case information

Docket number: 
4A_162/2011
Original language: 
German
Published: 
30 ASA Bull 177 (2012)
Parties
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 
March 27, 2012

This case dated March 27, 2012 is a landmark in Swiss jurisprudence and therefore called for an immediate translation into English in view of the great interest of the decision. It is certainly worth reading.

As you will see, the case involved FIFA and a Brazilian player known as Matuzalem, who presently plays with the Italian club Lazio of Rome.

Case information

Docket number: 
4A_558/2011
Original language: 
German
Published: 
30 ASA Bull 591 (2012)
138 BGE III 322
Parties
Counsel
PDF version of the translation: 
Chairman: 
May 29, 2013

The case involved a transfer from Uruguay to Spain and the Spanish club acquiring the player failed to pay the various amounts due to the transferring club. The FIFA Players’ Status Committee ordered the payment and then the FIFA Disciplinary Committee imposed a sanction on the Spanish club.

 

Case information

Docket number: 
4A_620/2012
Original language: 
German
Published: 
32 Asa Bull 57 (2014)
Parties
Counsel
PDF version of the translation: 
February 24, 2015

The case involved the unpleasant incident that took place after a qualifying football match between Croatia and Iceland in November 2013. Croatia won, but a few minutes after the end of the game, a player came back to the field, grabbed a microphone and made some statements which FIFA considered to be in breach of its disciplinary code.

 

Case information

Docket number: 
4A_544/2014
Original language: 
German
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
February 17, 2016

Case information

Docket number: 
4A_494/2015
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
April 1, 2016

The case involved a professional football player who had played for three clubs – despite the fact that the FIFA Regulations on the Status and Transfer of Players limit a player’s ability to enter official games on behalf of more than two clubs during the same season.

 

Case information

Docket number: 
4A_620/2015
Original language: 
French
Parties
Counsel
PDF version of the translation: 
April 13, 2010

The decision of the Swiss Federal Tribunal of April 13, 2010 is truly a historical decision because for the first time since PILA came into force in 1989, the Federal Tribunal has set aside an international arbitral award for a violation of public policy.

Case information

Docket number: 
4A_490/2009
Original language: 
German
Published: 
28 ASA Bull 511 (2010)
136 BGE III 345 (2010)
Parties
Counsel
PDF version of the translation: 
Chairman: 
February 17, 2011

The case involved a Turkish football club and a professional player with which the club had an employment relationship. The player was then injured and ultimately the club sought damages before the FIFA Dispute Resolution Chamber, which awarded a substantial amount on January 9, 2009. Both Parties appealed and on June 7, 2010, a panel of the Court of Arbitration for Sport (“CAS”) composed of Mr. Efraim Barak as Chairman, with Mr. Michel Bernasconi and Mr.

Case information

Docket number: 
4A_402/2010
Original language: 
German
Published: 
30 ASA Bull 685 (2012)
Parties
Counsel
PDF version of the translation: 
Chairman: 

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