Swiss Arbitration Decisions

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Domestic public policy not pertinent to international arbitration

May 21, 2015

In a dispute between an Italian football club and an English company based on the acquisition by the English company of the economic rights of an Argentine professional football player, the Court of Arbitration for Sport (CAS) accepted jurisdiction and its Panel (chairman Ricardo de Buen, with arbitrators José Juan Pinto and Massimo Coccia) awarded the English company an amount of EUR 9’400’000, which was then challenged in the Federal Tribunal by way of a Civil law appeal.

A party considering itself harmed by a denial of the right to be heard forfeits its right to raise the argument when it does not do so timely in the arbitration proceedings; the question whether the prohibition of punitive damages belongs to Swiss public policy is left undecided by the Federal Tribunal

May 2, 2012

The case, dated May 2nd 2012 and of limited interest, involved a contract between a Luxemburg company specializing in the trade of metals and minerals and a licensed trading house in the Democratic Republic of Congo. The contract they concluded in 2008 was governed by Swiss law and provided for ICC arbitration in Geneva.

Another hopeless sport-related appeal…

December 10, 2015

The matter involved an Argentinian player who entered into a contract with two players’ agents in Argentina and then unilaterally terminated the contract.

The agents sued in the Court of Arbitration for Sport, which had jurisdiction pursuant to an arbitration clause in the contract. The CAS Panel (chairman José Juan Pinto with arbitrators Riccardo de Buen and Hernan Ferrari) essentially upheld the claim but only awarded EUR 1 million instead of the EUR 3 million claimed.

Swiss Arbitration Decisions

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