Swiss Arbitration Decisions

Use double-quotes to match a sentence or a date. Format dates as follows: "month dd, yyyy". (eg.: "february 23, 2007")
Found 10 result(s)
January 6, 2010

A football club (Le Sportif de Toluca Football Clubs SA) and a player (Christian Gimenez) entered into an employment contract on August 1st, 2007. The contract was terminated in the summer of 2008 and the player sued. The national federation involved partially granted the player’s claim for lost salary and in an award of April 24, 2009 the CAS, to which both parties had appealed, ordered the club to pay a substantial amount.

Case information

Docket number: 
4A_260/2009
Original language: 
French
Published: 
28 ASA Bull 272 (2010)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
March 17, 2009

On March 17, 2009, the Swiss Federal Tribunal issued an opinion in the matter of the Azerbaijan Wrestling Federation (“AWF”) v. the World Anti-Doping Agency (“WADA”) and the International Federation of Associated Wrestling Styles (“FILA”).

Case information

Docket number: 
4A_416/2008
Original language: 
German
Published: 
28 ASA Bull 367 (2010)
also see 3 SwissIntArbRep 219 (2009)
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
September 27, 2016

This judgment was the last step in a long series of proceedings over the widely known supplement program of the Australian Rules Football club Essendon (“the Club”). The 34 players (the Appellants) were all professional players for the Club in the Australian Football League (AFL). The Club had introduced a program of supplements for its players in September 2011, administering injections and allegedly using a prohibited substance.

June 30, 2016

The case involved a French football player who had a dispute over his salary after an injury with a Cyprus club. The FIFA Dispute Resolution Chamber found substantially in the player’s favour, as did a Panel of the Court of Arbitration for Sport [Chairman Lars Hilliger, with arbitrators Didier Poulmaire and Svenja Geissmar].

Case information

Docket number: 
4A_132/2016
Original language: 
German
Published: 
35 ASA Bull 623 (2017)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
June 11, 2014

The case involved a professional cyclist who tested positive for testosterone in June 2007 and again in February 2011. The German anti-doping agency referred the case to the German Arbitral Institution (DIS) and in June 2012 the sole arbitrator appointed by the DIS held that the Decision Limits had not been properly established in the case as there were significant differences between the results of the A and B Samples taken from the athlete.

 

Case information

Docket number: 
4A_178/2014
Original language: 
German
Published: 
32 ASA Bull 782 (2014)
Parties
Counsel
PDF version of the translation: 
Chairman: 
February 10, 2010

The decision of February 10, 2010 again originated from sport arbitration and as you will see from the text of the opinion, the Swiss Federal Tribunal took the somewhat unusual step of actually mentioning the names of the parties in the decision published on the website of the Federal Tribunal.

Case information

Docket number: 
4A_612/2009
Original language: 
German
Published: 
28 ASA Bull 612 (2010)
Parties
Counsel
PDF version of the translation: 
Chairman: 
June 2, 2010

The case involved a dispute between the Ukrainian Football Club Shakhtar Donetsk (“Shakhtar”) and the Spanish Club Real Zaragoza, as well as the Brazilian player Matuzalem Da Silva.

Da Silva, on loan from Zaragoza, was transferred from an Italian Club to Shakhtar in 2004. In 2007, an offer was made by an Italian club which Shakhtar rejected. Da Silva then terminated his employment with Shakhtar and signed a new contract with Zaragoza.

Case information

Docket number: 
4A_320/2009
Original language: 
German
Published: 
28 ASA Bull 822 (2010)
Parties
Counsel
PDF version of the translation: 
June 18, 2012

This decision dated June 18, 2012 is of limited interest and should really be read only if you are actively involved in sport arbitration.

A young Polish karting driver took part in a competition in Germany in July 2010. He was 12 years old at the time but tested positive for Nikethamide, an illicit substance. The medical panel of the Anti-Doping Committee of the Fédération Internationale de l’Automobile banned him from competition for two years and annulled his results.

Case information

Docket number: 
4A_636/2011
Original language: 
German
Parties
Appellant: 
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: 
January 22, 2018

The dispute, a typical one in the field of professional football, arose from the conclusion of an exclusive agency agreement for the period of two years between Player A (the Appellant) and the former football Agent B (the Respondent), who was licensed by the Argentinean Football Association (AFA). The agency agreement provided for compensation of 10% of the Appellant’s earned income payable to the Respondent.

Case information

Docket number: 
4A_432/2017
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: