Swiss Arbitration Decisions

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Found 20 result(s)
December 20, 2010

The case involved a professional football player who had played for a professional club in Europe between September 2004 and July 2005.

 

A dispute arose and on October 31, 2008, the Dispute Resolution Chamber of FIFA ordered the Club to pay salary in arrears and an additional amount for breach of contract to the player.

 

Case information

Docket number: 
4A_10/2010
Original language: 
French
Published: 
29 ASA Bull 682 (2011)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
Arbitrator (s): 
August 22, 2011

This case is mildly interesting and it involves revision of an international arbitral award.

 

Hearing a dispute between two football clubs with regard to training compensation for a player, the Dispute Resolution Chamber of FIFA(“DRC”) issued a decision in March 2009, pursuant to which one of the club was ordered to pay EUR 480,000 to the other club. An appeal was made to the Court of Arbitration for Sport and a sole arbitrator was appointed.

 

Case information

Docket number: 
4A_222/2011
Original language: 
French
Published: 
31 ASA Bull 83 (2013)
Parties
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
February 28, 2013

The case involved a weightlifter who tested positive for Boldenone (an anabolic steroid) and was ruled ineligible for four years, which prevented him from competing anywhere.

 

Case information

Docket number: 
4A_576/2012
Original language: 
French
Published: 
32 ASA Bull 543 (2014)
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
December 13, 2016

Case information

Docket number: 
4A_116/2016
Original language: 
French
Published: 
35 ASA Bull 708 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
May 3, 2010

This opinion of the Swiss Federal Tribunal involves a long-distance runner that the International Association of Athletics Federations (“IAAF”) banned from late April 25, 2006 until early December 2008 for using 19-Norandrosterone. Prizes and medals related to the 2006 Seoul Marathon were revoked.

Case information

Docket number: 
4A_456/2009
Original language: 
German
Published: 
28 ASA Bull 786 (2010)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
November 7, 2011

This case was already the subject of some commentaries, notably by Hans Jörg Stutzer and Michael Bösch in the latest issue of the Thouvenin newsletter (www.thouvenin.com).

 

Case information

Docket number: 
4A_246/2011
Original language: 
German
Published: 
30 ASA Bull 157 (2012)
138 BGE III 29 (2011)
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
March 21, 2013

The case involved a Ukrainian football player who tested positive to Furosemide, a diuretic that can mask the presence of other drugs and is accordingly banned by the World Anti-Doping Agency.

 

Case information

Docket number: 
4A_522/2012
Original language: 
German
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
February 20, 2018

This judgment could be characterized as the “sequel” to the Lazutina judgment that was rendered by the Swiss Federal Tribunal 15 years ago (ATF 129 III 445). It is also interesting for other factual – and not necessarily arbitration-related – reasons. It has already been commented in the Thouvenin newsletter, a copy of which is attached for ease of reference.

Case information

Docket number: 
4A_260/2017
Original language: 
French
Published: 
36 ASA Bull 406 (2018), ATF 144 III 120
Parties
Counsel
PDF version of the translation: 
April 17, 2018

In this judgment the Federal Tribunal reiterated the strict admissibility conditions in recourses to set aside arbitral awards, and more particularly, the requirement of a legally protected interest (or interest “worthy of protection”). The case involved an appeal against a CAS award rendered shortly before the FIFA World Cup Russia in June 2017, The sole arbitrator was Pierre Müller, a Lausanne judge.

Case information

Docket number: 
4A_426/2017
Original language: 
French
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
January 15, 2019

The judgement is far more interesting for its factual background than for its legal findings; it puts an end to highly publicized legal battle between Alexander Legkov (and several other Russian athletes) and the IOC, which lies at the heart of the so-called “Russian doping scandal”.

Case information

Docket number: 
4A_382/2018
Original language: 
French
Parties
Respondent: 
Counsel
PDF version of the translation: 
May 28, 2018

The dispute initially started between two associations, each wishing to become the sole and legitimate member federation of a country (Kuwait) affiliated to the International Motorcycling Federation (FIM). After numerous requests to the FIM, one party, the KMSC, which was not a FIM member, filed a request to the CAS. The CAS Panel was chaired by Boris Vittoz, with arbitrators Jean-Philippe Rochat and Olivier Carrard.

Case information

Docket number: 
4A_314/2017
Original language: 
French
Published: 
36 ASA Bull 738 (2018)
Parties
Counsel
PDF version of the translation: 
Chairman: 
December 22, 2008

The case involved the Court of Arbitration for Sport (“CAS”) trying to deal with an application to the UEFA by Gibraltar. After a first CAS decision of October 22, 2003 pursuant to which the UEFA was ordered to decide on Gibraltar’s application, membership was denied by the UEFA Executive Committee and a new appeal was made to the CAS. On July 6, 2006 the CAS ordered UEFA to admit Gibraltar provisionally and to put the matter on the agenda of its next Congress, which again denied membership.

Case information

Docket number: 
4A_392/2008
Original language: 
French
Published: 
27 ASA Bull 547 (2009)
also see 3 SwissIntArbRep 1 (2009)
Parties
Counsel
PDF version of the translation: 
Chairman: 
March 17, 2011

The case involved a dispute between several chess federations (the French, German, Swiss, Ukrainian and American Federations and a company named Karpov 2010 Inc.) in the framework of the election campaign for the new chairman of the Fédération Internationale des Echecs (“FIE”). Kirsan Ilyumzhinov’s candidacy was opposed by Anatoly Karpov (the former was subsequently elected).

Case information

Docket number: 
4A_600/2010
Original language: 
French
Published: 
30 ASA Bull 119 (2012)
Parties
Counsel
PDF version of the translation: 
August 3, 2016

At issue was an award issued by the Court of Arbitration for Sport in the matter of a Luxembourg racing cyclist who entered into a self-employment agreement in 2010 with a company managing a cycling team. Furthermore, an agreement on image rights gave the team the right to exploit the cyclist’s image against compensation. When he was found positive in a doping control during the 2012 Tour de France, the cyclist left the competition whilst continuing to train with the team.

Case information

Docket number: 
4A_202/2016
Original language: 
French
Published: 
35 ASA Bulletin 648 (2017)
Parties
Appellant: 
Counsel
PDF version of the translation: 
May 7, 2019

The opinion is very interesting since it deals, among other issues, with the distinction between domestic and international arbitration and the exact conditions for opting out of the review system of the Swiss Code of Civil Procedure (CPC) for the more restrictive appeal conditions foreseen in Article 190 (2) of the Swiss Private International Law Act (PILA).

Case information

Docket number: 
4A_540/2018
Original language: 
French
Parties
Counsel
PDF version of the translation: 

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