Swiss Arbitration Decisions

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Found 6 result(s)
July 15, 2013

The case involved a contract for the acquisition of the shares of a Swiss bank. The contract contained an arbitration clause providing for arbitration in Geneva under the Swiss Rules. A dispute arose and the purchaser sought damages while the sellers submitted a counterclaim.

 

A three-member Arbitral Tribunal was constituted under the aegis of the Geneva Chamber of Commerce and Industry (arbitrators Peter Böckli and Shelby Dupasquier, with Pierre Tercier as chairman).

Case information

Docket number: 
4A_188/2013
Original language: 
French
Parties
Counsel
PDF version of the translation: 
Chairman: 
March 6, 2008

This decision is dated March 6, 2008 and its object was an appeal against an award issued by an Arbitral tribunal composed of three arbitrators, Dr. Cesare Jermini, Chairman, Prof. Sergio Carbone and Mr Charles Poncet. Since I was one of the arbitrators, I would rather not comment the decision, for reasons you will understand.

Case information

Docket number: 
4A_500/2007
Original language: 
French
Published: 
27 ASA Bull 94 (2009). also see 2 SwissIntArbRep 133 (2008)
134 ATF III 260 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
March 18, 2010

The case involved a French and an Italian company, which had entered into a series of joint venture agreements in a project involving the production of aircraft.

 

A dispute arose as to the modalities of invoicing and costs. An ICC arbitration was initiated by the French company on December 18, 2007 and the arbitration was conducted in Lausanne under French law. The Arbitral Tribunal consisted of Piero Bernardini and myself with Bernard Hanotiau as Chairman.

 

Case information

Docket number: 
4A_584/2009
Original language: 
French
Published: 
29 ASA Bull 426 (2011)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
April 19, 2011

The case involved a complicated dispute between the partners of a private bank a plan to carry out a complex set of agreements. This triggered the first arbitration, held in Geneva on the basis of the applicable arbitration clause. In July 2009, a new arbitration was initiated.

Case information

Docket number: 
4A_44/2011
Original language: 
French
Published: 
30 ASA Bull 659 (2012)
Parties
Appellant: 
Counsel
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
September 2, 2014

The case involved a lengthy dispute concerning a brewery in Algeria. The original contract was signed in 1999 and it contained an arbitration clause in favour of a three-member tribunal of the International Commercial and Industrial Arbitration Court (CARICI), a little-known arbitral institution in Geneva, dissolved as of December 31, 2011.

Case information

Docket number: 
4A_606/2013
Original language: 
French
Published: 
33 ASA Bull 614 (2015)
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 
October 29, 2008

The Federal Tribunal refers to two arbitrations. As it happens, I was one of the arbitrators in one of the two and it might not be fully appropriate for me to comment or criticize the decision.

Accordingly, I will simply point out the issues the Federal Tribunal dealt with:

(i) Section 3 of the opinion deals with jurisdiction. The interesting part is at 3.3.1.2 at pages 10 – 11.

Case information

Docket number: 
4A_210/2008
Original language: 
French
Published: 
2009, ASA Bulletin 309
2 SwissIntArbRep 495 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: