Swiss Arbitration Decisions

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Found 14 result(s)
January 7, 2011

This is  the second one issued by Arbitrator Pascal Hollander in a case that has previously produced an opinion of the Federal Tribunal, on April 13, 2010 (4A_582/2009).

 

Tthe first opinion involved some interesting developments as to the procedural nature of a “preliminary award” Mr. Hollander had issued, essentially ordering one of the parties to transfer the inventory to its licensor and ordering a provisional payment.

 

Case information

Docket number: 
4A_440/2010
Original language: 
French
Published: 
30 ASA Bull 618 (2012)
137 ATF III 85 (2011)
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
February 17, 2011

The case involved a Turkish football club and a professional player with which the club had an employment relationship. The player was then injured and ultimately the club sought damages before the FIFA Dispute Resolution Chamber, which awarded a substantial amount on January 9, 2009. Both Parties appealed and on June 7, 2010, a panel of the Court of Arbitration for Sport (“CAS”) composed of Mr. Efraim Barak as Chairman, with Mr. Michel Bernasconi and Mr.

Case information

Docket number: 
4A_402/2010
Original language: 
German
Published: 
30 ASA Bull 685 (2012)
Parties
Counsel
PDF version of the translation: 
Chairman: 
February 23, 2011

The matter involves the Kenya Football Federation (KFF) and FIFA. In October 2006, FIFA suspended the KFF membership for a number of reasons, mainly interference of the Kenyan governmental authorities according to the subsequent arbitral award (which is published on the website of the Court of arbitration for sport: www.tas-cas.org).

 

Case information

Docket number: 
4A_326/2010
Original language: 
German
Parties
Counsel
PDF version of the translation: 
March 21, 2011

The dispute arose between a Tunisian citizen and a French company and the Shareholders’ Agreement they had entered into on September 4, 2010. The Agreement contained an arbitration clause providing for ICC arbitration in Geneva. A three-member panel of arbitrators was constituted with Tim Portwood as Chairman, and Paul Friedland and Francesco Marena as Arbitrators. The arbitral tribunal issued an award on March 1, 2010, which the French company sought to rectify.

Case information

Docket number: 
4A_486/2010
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
April 6, 2011

The case involved a contract signed in 2006 (“the Protocol”) by which certain shares were assigned by a Luxemburg company to a French company. Litigation in French Courts ensued and in November 2009, the Luxemburg company initiated arbitration proceedings in Switzerland pursuant to an ICC clause contained in the Protocol.

 

Case information

Docket number: 
4A_614/2010
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
June 14, 2011

This fairly interesting decision issued on June 14, 2011 involved a dispute between a Turkish company and its Polish contractor with regard to the construction of the boiler in an industrial power plant in Bulgaria. The pertinent contracts provided for ICC arbitration in Zurich and when a dispute arose as to the responsibility for the delays in the performance of the work, the Turkish company filed a request for arbitration.

Case information

Docket number: 
4A_617/2010
Original language: 
German
Published: 
30 ASA Bull 138 (2012)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
July 20, 2011

The case is not without interest and it involved the technical director and chief coach of the national team of Jamaica, a Mexican citizen of Serbian origin, who had been hired in late 2006, and was terminated in November 2010. The coach filed a claim with the Players’ Status Committee of FIFA and he was awarded USD 1,000,000 for wrongful termination in February 2010. The Jamaican Football Federation appealed that decision to the Court of Arbitration for Sport (CAS).

Case information

Docket number: 
4A_162/2011
Original language: 
German
Published: 
30 ASA Bull 177 (2012)
Parties
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 
October 3, 2011

Frankly this case, dated October 3, 2011, is of a very limited interest but it does contain some interesting points.

 

An athlete was banned for life by the Hearing Commission of her country for refusing to submit to an anti-doping test, failing to appear for such a test or attempting to counterfeit the results. As she had been previously sanctioned, the ban was for life.

 

Case information

Docket number: 
4A_530/2011
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
November 7, 2011

This case was already the subject of some commentaries, notably by Hans Jörg Stutzer and Michael Bösch in the latest issue of the Thouvenin newsletter (www.thouvenin.com).

 

Case information

Docket number: 
4A_246/2011
Original language: 
German
Published: 
30 ASA Bull 157 (2012)
138 BGE III 29 (2011)
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
March 17, 2011

The case involved a dispute between several chess federations (the French, German, Swiss, Ukrainian and American Federations and a company named Karpov 2010 Inc.) in the framework of the election campaign for the new chairman of the Fédération Internationale des Echecs (“FIE”). Kirsan Ilyumzhinov’s candidacy was opposed by Anatoly Karpov (the former was subsequently elected).

Case information

Docket number: 
4A_600/2010
Original language: 
French
Published: 
30 ASA Bull 119 (2012)
Parties
Counsel
PDF version of the translation: 
September 20, 2011

The case issued on September 20, 2011 by the Swiss Supreme Court involved the International Boxing Association (“AIBA”), a non-profit association (association, Verein) organized under Swiss law and based in Lausanne. In 2005, the AIBA and a company manufacturing and supplying sport equipment entered into a license agreement (“the Licensing Agreement”) for one year renewable, pursuant to which the company could manufacture boxing equipment approved by the AIBA against payment of a royalty.

Case information

Docket number: 
4A_103/2011
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
March 15, 2011

The case involved a claim by a company based in the Cayman Islands concerning some commissions allegedly due for the assistances provided to a construction company with a view to obtaining the works for a water supply system and a highway.

 

The Contracts contained an arbitration clause providing for ICC arbitration and a three-member arbitral tribunal was constituted with Bernhardt Meyer as Chairman, and Pierre-Yves Gunter and Roberto Dallafior as arbitrators.

 

Case information

Docket number: 
4A_481/2010
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
August 22, 2011

This case is mildly interesting and it involves revision of an international arbitral award.

 

Hearing a dispute between two football clubs with regard to training compensation for a player, the Dispute Resolution Chamber of FIFA(“DRC”) issued a decision in March 2009, pursuant to which one of the club was ordered to pay EUR 480,000 to the other club. An appeal was made to the Court of Arbitration for Sport and a sole arbitrator was appointed.

 

Case information

Docket number: 
4A_222/2011
Original language: 
French
Published: 
31 ASA Bull 83 (2013)
Parties
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
May 16, 2011

The case involved a contract governed by Swiss law for the delivery of a production line for certain materials. Arbitration proceedings began in Geneva in January 2009 and an ad hoc arbitral tribunal was created with Pierre Tercier as Chairman, and Laurent Hennes and Werner Wenger as arbitrators.

 

Case information

Docket number: 
4A_46/2011
Original language: 
French
Published: 
29 ASA Bull 643 (2011)
Parties
Counsel
PDF version of the translation: 
Chairman: