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 19 result(s)
March 20, 2008

The case involved an appeal against an award issued in Lausanne on October 30, 2007. The Arbitral tribunal (Dirk-Reiner Martens, Efraïm Barak and Juan José Pinto, chairman) constituted by the Court of Arbitration for Sport was under attack in the appeal due to an alleged lack of independence.

Case information

Docket number: 
4A_506/2007
Original language: 
French
Published: 
2 SwissIntArbRep 191 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
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: 
October 13, 2009

The case involved a Russian racing cyclist, Vladimir Gusev and a Belgian Company, Olympus SARL. Olympus hired Gusev for two years on November 15, 2007 and the contract was governed by Swiss law. On July 23rd, 2008, Olympus terminated the contract, alleging that a medical report seriously suggested that the cyclist had taken exogenous EPO.

Case information

Docket number: 
4A_352/2009
Original language: 
French
Published: 
28 ASA Bull 634 (2010), 639
also see 3 SwissIntArbRep 441, 453 (2009)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
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: 
October 13, 2009

The case involved a Russian racing cyclist, Vladimir Gusev and a Belgian Company, Olympus SARL. Olympus hired Gusev for two years on November 15, 2007 and the contract was governed by Swiss law. On July 23rd, 2008, Olympus terminated the contract, alleging that a medical report seriously suggested that the cyclist had taken exogenous EPO.

Case information

Docket number: 
4A_368/2009
Original language: 
French
Published: 
28 ASA Bull 634 (2010), 639
also see 3 SwissIntArbRep 441, 453 (2009)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
October 1, 2012

The matter concerned a contract between two professional football clubs containing certain provisions with regard to compensation and other amounts to be paid as a consequence of the transfer of a professional player. The first contract, dated July 17, 2007, was concluded with the assistance of a company active in the transfer of players for one of the clubs.

Case information

Docket number: 
4A_312/2012
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
October 1, 2012

The matter concerned a contract between two professional football clubs containing certain provisions with regard to compensation and other amounts to be paid as a consequence of the transfer of a professional player. The first contract, dated July 17, 2007, was concluded with the assistance of a company active in the transfer of players for one of the clubs.

Case information

Docket number: 
4A_312/2012
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
January 26, 2017

On June 4, 2009, the Argentinian professional football player Z.________ and the Italian Club X.________ concluded a five-year employment contract. The player terminated the contract for cause on July 1, 2013, and shortly afterwards he concluded another employment contract with the Argentinean football Club Y.________.

Case information

Docket number: 
4A_716/2016
Original language: 
French
Parties
Counsel
PDF version of the translation: 
April 4, 2008

The case involved a request for revision of an arbitral award issued on August 7, 2007 by the Court of Arbitration for Sport ("CAS") with three arbitrators sitting, Luigi Fumagalli, Jose Juan Pintó Sala and Chairman Jan Paulsson. The award was not appealed but some months later an application was made for revision, supposedly because one of the arbitrators was not independent.

Case information

Docket number: 
4A_528/2007
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
Chairman: 
January 9, 2009

Dodô v. Fédération Internationale de Football Association (FIFA) and World Anti-Doping Agency (WADA), to which Hansjörg Stutzer referred in his criticism of the Busch decision, involved the Brazilian player Ricardo Dodô . He tested positive after a random doping check in June 2007 and was suspended for 120 days by the Brazilian Football Confederation (CBF).

Case information

Docket number: 
4A_460/2008
Original language: 
German
Published: 
27 ASA Bull 540 (2009)
also see 3 SwissIntArbRep 41 (2009)
Parties
Counsel
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: 
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: 
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: 
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 31, 2012

From materials available on the internet, this decision date May 31st, 2012, appears to involve the Honduran football player David Suazo. Suazo originally played for a Honduran club, Deportivo Olimpia. In 1999 he was transferred to the Italian club Cagliari pursuant to a June 1st, 1999 contract, which reserved the right of Deportivo Olimpia to obtain additional payments should the player be transferred to another club.

Case information

Docket number: 
4A_682/2011
Original language: 
German
Published: 
32 Asa Bull 137 (2014)
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 

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