Swiss Arbitration Decisions

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Found 6 result(s)
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: 
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: 
March 10, 2010

This opinion of the Federal Tribunal of March 10, 2010, is related to sport arbitration, which nowadays tends to become the main “provider” of appeals to the Swiss Federal Tribunal. This is due to the fact that the Court of Arbitration for Sport (CAS) is based in Lausanne (Switzerland). Also, there are numerous sport arbitrations, some of which inevitably find their way to the Federal Tribunal, including some cases in which it is clear that an appeal should not have been filed at all.

Case information

Docket number: 
4A_4/2010
Original language: 
Italian
Published: 
28 ASA Bull 848 (2010)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
June 18, 2012

The case involved an Italian professional cyclist whose Biological Passport was assessed by a group of experts appointed by the International Cycling Union (ICU). They concluded that he had used a prohibited substance or method. Disciplinary proceedings were opened and the Italian Anti-Doping Tribunal of the Italian National Olympic Committee acquitted the cyclist in 2010.

Case information

Docket number: 
4A_488/2011
Original language: 
French
Published: 
31 ASA Bull 112 (2013)
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
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: 
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: