Swiss Arbitration Decisions

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Found 20 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: 
January 11, 2010

The Swiss Supreme Court issued on January 11, 2010 two opinions (4A_256/2009 and 4A_258/2009) regarding appeals with very similar and involved only one context of facts. The opinions are accordingly almost identical and one need not read both of them as one will be sufficient.

Case information

Docket number: 
4A_258/2009
Original language: 
German
Published: 
28 ASA Bull 540 (2010)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
January 11, 2010

The Swiss Supreme Court issued on January 11, 2010 (4A_258/2009) two opinions regarding appeals with very similar and involved only one context of facts. The opinions are accordingly almost identical and one need not read both of them as one will be sufficient.

Case information

Docket number: 
4A_256/2009
Original language: 
German
Published: 
28 ASA Bull 552 (2010) (extract)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
January 20, 2010

The opinion issued the Federal Tribunal issued on January 20, 2010 regards the jurisdictional issues in connection with the case of Essam El Hadary v. Al-Ahly Sporting Club and FC Sion.

The case involves a jurisdictional award of the Court of Arbitration for Sport (CAS) issued on October 7, 2009. The CAS was composed of Ulrich Haas, Olivier Carrard (a partner at ZPG), and Massimo Coccia as Chairman.

Case information

Docket number: 
4A_548/2009
Original language: 
French
Published: 
28 ASA Bull 64 (2010)
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
February 15, 2010

The case involved a 1998 contract between a French group and a Turkish company, subsequently substituted by an agency of the Turkish government, for the supply of a certain number of missiles and firing units. The contract provided for ICC arbitration in Zurich and also for an advanced payment of the purchase price by way of instalments amounting to 55 % of the total price, subject to an obligation to return such amounts in case of breach.

Case information

Docket number: 
4A_464/2009
Original language: 
French
Published: 
28 ASA Bull 282 (2010)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
February 17, 2010

The matter is frankly of very limited interested. The case – again in the field of sports arbitration – involved a Romanian athlete who was sanctioned for violating anti-doping rules. An appeal was made, apparently not through counsel. The appeal was late and insufficiently argued in any event.

Case information

Docket number: 
4A_628/2009
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 
March 5, 2010

The case involved a Sport Federation and a press conference. While the Federal Tribunal, in accordance with its practice, made it impossible to identify the parties from the opinion as published on its website, a little bit of sleuthing on Google quickly shows that the case involved the press conference held by Mr. Rudel Obreja, a Romanian technical delegate, at the 2008 Beijing Olympics in connection with some alleged misdeeds within the International Boxing Association.

Case information

Docket number: 
4A_524/2009
Original language: 
French
Published: 
28 ASA Bull 584 (2010)
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
April 12, 2010

The decision of the Federal Tribunal of April 12, 2010 relates the matter of Yücel KOP v. International Association of Athletics Federations (IAAF) and Turkish Athletic Federation (TAF).

As sport arbitration cases go, this one is quite interesting because it raises some delicate issues, which the Federal Tribunal disposed of without perhaps reviewing them as far in depth as it could have.

Case information

Docket number: 
4A_624/2009
Original language: 
French
Published: 
29 ASA Bull 159 (2011)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
May 3, 2010

This opinion of the Swiss Federal Tribunal involves a long-distance runner that the International Association of Athletics Federations (“IAAF”) banned from late April 25, 2006 until early December 2008 for using 19-Norandrosterone. Prizes and medals related to the 2006 Seoul Marathon were revoked.

Case information

Docket number: 
4A_456/2009
Original language: 
German
Published: 
28 ASA Bull 786 (2010)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
May 26, 2010

The case is quite interesting because  most of the appeals of which the Swiss Supreme Court is seized against international arbitral awards are rejected, but this one was granted in part and the award was annulled.

Case information

Docket number: 
4A_433/2009
Original language: 
French
Published: 
29 ASA Bull 673 (2011)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
July 29, 2010

The case involved a Norwegian equestrian whose horse had tested positive for Capsaicin during the 2008 Olympic Games in China. A tribunal of the Fédération Equestre Internationale (FEI) found against the equestrian, disqualified him and the horse from the Olympic Games in Beijing and deprived him of all medals and prizes. The equestrian was also fined and banned for four and a half months.

Case information

Docket number: 
4A_43/2010
Original language: 
German
Published: 
28 ASA Bull 837 (2010)
Parties
Counsel
PDF version of the translation: 
October 6, 2010

Whilst all international arbitration opinions of the Swiss Federal Tribunal are worthy of interest, this one is unlikely to be the most fascinating you will ever read !

The case dates back to October 6, 2010 and the opinion arrived on the website of the Court some weeks later.

Case information

Docket number: 
4A_237/2010
Original language: 
German
Published: 
29 ASA Bull 141 (2011)
Parties
Appellant: 
Counsel
PDF version of the translation: 
Chairman: 
December 20, 2010

The case involved a professional football player who had played for a professional club in Europe between September 2004 and July 2005.

 

A dispute arose and on October 31, 2008, the Dispute Resolution Chamber of FIFA ordered the Club to pay salary in arrears and an additional amount for breach of contract to the player.

 

Case information

Docket number: 
4A_10/2010
Original language: 
French
Published: 
29 ASA Bull 682 (2011)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
Arbitrator (s): 
July 28, 2010

The case does not relate to an appeal against an arbitral award stricto sensu. It is actually a New York Convention case, and as there are not many in Swiss practice, we thought it was worth making it available to our readers.

 

Case information

Docket number: 
4A_233/2010
Original language: 
French
Published: 
30 ASA Bull 97 (2012)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
October 27, 2010

The case involved an Italian company and a bank in Ukraine. Under two contracts concerning equipment for the production of ceramic, two bank guarantees were issued, which the Italian company called. The Ukrainian bank refused to pay, and the bank guarantees contained an arbitration clause.

 

Case information

Docket number: 
4A_414/2010
Original language: 
German
Published: 
29 ASA Bull 908 (2011)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 

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