Swiss Arbitration Decisions

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Found 27 result(s)
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: 
May 23, 2012

This decision dated May 23, 2012 is of limited interest unless you are actively involved in sport arbitration.

Case information

Docket number: 
4A_654/2011
Original language: 
German
Parties
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
April 19, 2011

The case involved the professional football player Omer Riza. Riza plays for the English club Histon. He was born in the UK of Turkish Cypriot descent, started as a youth with Arsenal but then in 2006 he signed with the Turkish club Trabzonspor.

 

Case information

Docket number: 
4A_404/2010
Original language: 
German
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: 
April 18, 2011

The case is of moderate interest as it deals with an issue that is only significant to sports arbitration.

 

A football trainer from Bulgaria trained APOP Kinyras, a Cypriot football club. In late 2008, two of his players tested positive to oxymesterone, a prohibited anabolic steroid. It turned out that the trainer had made some “white pills” available to the players – and some of them apparently did not resist the temptation.

 

Case information

Docket number: 
4A_640/2010
Original language: 
German
Published: 
30 ASA Bull 144 (2012)
Parties
Counsel
PDF version of the translation: 
Chairman: 
June 29, 2017

The case involved Michel Platini, UEFA President until 2016, who filed an appeal against a CAS award (chairman Luigi Fumagalli with arbitrators Jan Paulsson and Bernard Hanotiau) partially upholding the decision of the FIFA Appeal Committee, and banning him from any football-related activities for four years.

Case information

Docket number: 
4A_600/2016
Original language: 
French
Parties
Counsel
PDF version of the translation: 
March 1, 2011

Two brothers entrusted the British solicitor Anthony Julius (the opinion of the Federal Tribunal, somewhat unusually, mentions the Arbitrator’s name) with settling a dispute between them. For that purpose, they entered into an agreement in July 2004, providing for ad hoc arbitration in Geneva. They waived any appeal and any rights they may have had to challenge the Arbitrator on any ground.

 

Case information

Docket number: 
4A_514/2010
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
January 6, 2014

Case information

Docket number: 
4A_476/2013
Original language: 
French
Published: 
32 ASA Bull 54 (2014)
Parties
Counsel
March 3, 2014

The case involved the well-known football player Ismaël Bangoura, the Al-Nasr sports club of Dubai, and the French FC Nantes.

In 2010, Bangoura transferred from a French club to Al-Nasr and certain commitments were made with regard to his salary. The following year, he left Dubai without authorization from Al-Nasr and in early 2012 he signed a contract with Nantes.

Case information

Docket number: 
4A_304/2013
Original language: 
French
Published: 
32 ASA Bull 384 (2014)
Parties
Counsel
PDF version of the translation: 

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