Swiss Arbitration Decisions

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Found 8 result(s)
October 28, 2019

The background case involves the celebrity swimmer Sun Yang, who was accused of an anti-doping rule violation due to unsuccessful attempt to take blood and urine samples during an unannounced doping control at his house and the subsequent lifting of charges by the FINA Anti-Doping Commission.

Case information

Docket number: 
4A_413/2019
Original language: 
French
Parties
Counsel
PDF version of the translation: 
February 25, 2015

The case involved a Share Purchase Agreement (SPA) in a set of complex projects. The 2010 SPA apportioned the costs of future investments in proportion to the shares held by the parties but with an investment cap of EUR 138 million. Beyond that amount, the Seller undertook to pay the difference. The contract was governed by Swiss law and contained an ICC arbitration clause. In June 2011, the purchaser under the 2010 SPA initiated arbitration proceedings against the seller.

Case information

Docket number: 
4A_486/2014
Original language: 
French
Published: 
Bull. ASA 2015, p. 347
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
December 16, 2015

The case involved a dispute between a bank and the member of another banking group under a Share Purchase Agreement whereby the purchaser had to recapitalize the subsidiary that was sold according to a ratio which might have led to a subsequent adjustment.

 

The contract provided for ICC arbitration in Geneva and when a dispute arose, the three-member arbitral tribunal (Pierre Tercier chair, with arbitrators Alan Redfern and Ibrahim Fadlallah) upheld the claim in full.

Case information

Docket number: 
4A_520/2015
Original language: 
French
Published: 
35 ASA Bull 729 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
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: 
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: 
January 24, 2017

The case involved a purchase agreement for a packing machine governed by Swiss law, containing a somewhat pathological arbitration clause providing for arbitration by “the International Chamber of Commerce of Geneva”,  yet under ICC Rules.

 
Arbitration was initiated by the Purchaser in 2014. The Respondent raised a jurisdictional defense in addition to its submissions on the merits.

Case information

Docket number: 
4A_672/2016
Original language: 
German
Published: 
36 ASA Bull 145 (2018)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
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: