Swiss Arbitration Decisions

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Found 3 result(s)
November 9, 2010

The case involved a consortium agreement between an Austrian and a German company. The contract was governed by Swiss law and it contained an ICC arbitration clause with venue in Zurich.

A dispute arose and the German company was ordered to pay some amounts to the Austrian company. The German company appealed. While the opinion contains nothing fundamentally new, the following may be of interest to my Readers:

Case information

Docket number: 
4A_428/2010
Original language: 
German
Published: 
29 ASA Bull 931 (2011)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
May 2, 2012

This very interesting opinion involved a contract governed by Swiss law for the delivery of a production line of certain materials. Ad hoc arbitration proceedings started in Geneva in January 2009. An award was issued and on December 16, 2011 I sent you the English translation of a first decision that the Federal Tribunal took in this matter on May 16, 2011.  A copy of the first decision of the Federal Tribunal is enclosed and you will find here 4A_46/2011.

Case information

Docket number: 
4A_14/2012
Original language: 
French
Published: 
138 ATF III 270 (2011)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
April 3, 2014

The case involved a 2006 contract for the delivery of a piece of machinery, which failed the final acceptance test upon delivery in 2007.

While the summary of the facts does not indicate which law governed the contract, there was an ICC arbitration clause with seat in Zürich and in October 2013, arbitrator Gabriel Simon upheld the claim and rejected the counterclaim.

Case information

Docket number: 
4A_577/2013
Original language: 
German
Published: 
32 ASA Bull 575 (2014)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: