Swiss Arbitration Decisions

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Found 6 result(s)
November 13, 2013

The case involved a dispute concerning a consultancy agreement by which a company undertook to provide services to ensure that a football player would remain with the club for which he was playing. The arbitration clause in the consultancy agreement provided for jurisdiction of the Court of Arbitration for Sport (CAS), before a panel of three arbitrators.

 

Case information

Docket number: 
4A_282/2013
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
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: 
May 26, 2010

The case is quite interesting because  most of the appeals of which the Swiss Supreme Court is seized against international arbitral awards are rejected, but this one was granted in part and the award was annulled.

Case information

Docket number: 
4A_433/2009
Original language: 
French
Published: 
29 ASA Bull 673 (2011)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
June 27, 2012

This quite interesting opinion is the second judgment of the Federal Tribunal in a case involving an American company which had outsourced the works for an airbase in Iraq to a Turkish company. The 2004 contract contained an ICC arbitration clause with venue in Geneva.

Case information

Docket number: 
4A_54/2012
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
April 7, 2014

The case involved the construction of a plant for the production of aluminium foil pursuant to a 1997 contract. The completion of the project encountered several difficulties and was suspended in 2003, whereupon new agreements were entered into and the construction of the plant was entrusted to an Italian group comprised of several companies. When a counterclaim was filed, one of the companies objected to the jurisdiction of the arbitral tribunal concerning the counterclaim.

Case information

Docket number: 
4A_450/2013
Original language: 
French
Parties
Counsel
PDF version of the translation: 
Chairman: 
November 4, 2014

The case involved a 2013 contract governed by Swiss law between a New York company and a Swiss company for the construction of a Turkish bath in a Gstaad chalet. As the price of the hammam was substantial – some USD 31 million – the contract provided for payment in various installments and contained an arbitration clause in favour of  the Swiss Chambers’ Arbitration Institution rules (Swiss Rules) with venue in Geneva.

 

Case information

Docket number: 
4A_446/2014
Original language: 
French
Published: 
35 ASA Bull 370 (2017)
Parties
Appellant: 
Counsel
PDF version of the translation: 
Chairman: