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 26 result(s)
December 14, 2012

The case involved a dispute between a professional basketball player and her former agent. On March 12, 2012 the competent body of the Fédération Internationale de Basketball, the Basketball Arbitral Tribunal (Ulrich Haas, sole arbitrator) issued an award ordering her to compensate the agent.

 

Case information

Docket number: 
4A_198/2012
Original language: 
French
Published: 
32 ASA Bull 580 (2014)
Parties
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
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: 
January 4, 2012

This judgment, dated January 4, 2012 and the first decision issued in 2012, is quite interesting and deserves reading.

It involved a Tunisian businessman who entered into certain agreements with some foreign companies. The agreements contained an opting out of appeals worded as follows:

“The decision of the arbitration shall be final and binding and neither Party shall have any right to appeal such decision to any court of law”.

Case information

Docket number: 
4A_238/2011
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
January 31, 2012

This quite interesting opinion dated January 31st, 2012, involved a supply and joint venture agreement between an American and another company, essentially purporting to provide for exclusive distribution rights in the Nafta area.

Case information

Docket number: 
4A_360/2011
Original language: 
French
Published: 
30 ASA Bull 634 (2012)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
June 18, 2012

The case involved an Italian professional cyclist whose Biological Passport was assessed by a group of experts appointed by the International Cycling Union (ICU). They concluded that he had used a prohibited substance or method. Disciplinary proceedings were opened and the Italian Anti-Doping Tribunal of the Italian National Olympic Committee acquitted the cyclist in 2010.

Case information

Docket number: 
4A_488/2011
Original language: 
French
Published: 
31 ASA Bull 112 (2013)
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
June 27, 2012

This quite interesting opinion is the second judgment of the Federal Tribunal in a case involving an American company which had outsourced the works for an airbase in Iraq to a Turkish company. The 2004 contract contained an ICC arbitration clause with venue in Geneva.

Case information

Docket number: 
4A_54/2012
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
July 12, 2012

The case involved certain contracts for a paper factory concluded in 2005. The contracts contained an ICC arbitration clause in Geneva. Swiss law was applicable to the merits.

 

A dispute arose because the Contractor had not been paid in full and the Respondent objected that the equipment delivered was unable to achieve the performance levels promised in the contracts.

 

Case information

Docket number: 
4A_150/2012
Original language: 
French
Published: 
31 ASA Bull 138 (2013)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
October 9, 2012

The case involved a Belgian professional mountain biker banned for two years and fined in November 2010 because clomiphene had been found in his urine.

 

The International Cycling Union (“ICU”) appealed to the Court of Arbitration for Sport (“CAS”) and sought a higher fine. The athlete also appealed.

 

Case information

Docket number: 
4A_110/2012
Original language: 
French
Published: 
31 ASA Bull 174 (2013)
Parties
Counsel
PDF version of the translation: 
Chairman: 
December 11, 2012

At issue was a dispute governed by Swiss law between two companies and there was an ICC arbitration clause (1998 ICC Rules) providing for ICC arbitration in Geneva.

 

A three members arbitral tribunal was constituted (Jean de Hauteclocque and Albert Dupont-Willemin as arbitrators, with Guy Keutgen as chairman) and two preliminary awards were issued by the arbitrators.

 

Case information

Docket number: 
4A_414/2012
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
May 2, 2012

The case, dated May 2nd 2012 and of limited interest, involved a contract between a Luxemburg company specializing in the trade of metals and minerals and a licensed trading house in the Democratic Republic of Congo. The contract they concluded in 2008 was governed by Swiss law and provided for ICC arbitration in Geneva.

Case information

Docket number: 
4A_16/2012
Original language: 
German
Published: 
32 ASA Bull 645 (2014)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
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: 
May 31, 2012

From materials available on the internet, this decision date May 31st, 2012, appears to involve the Honduran football player David Suazo. Suazo originally played for a Honduran club, Deportivo Olimpia. In 1999 he was transferred to the Italian club Cagliari pursuant to a June 1st, 1999 contract, which reserved the right of Deportivo Olimpia to obtain additional payments should the player be transferred to another club.

Case information

Docket number: 
4A_682/2011
Original language: 
German
Published: 
32 Asa Bull 137 (2014)
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 
July 2, 2012

This decision dated July 2, 2012 concerns the New York Convention. As you will see, the case did not involve an appeal against an international arbitral award stricto sensu but rather an appeal against a judgment of the Cantonal Court of Schwyz, which had confirmed a decision of the District Court of Höfe as to the enforcement of an international award in Switzerland.

Case information

Docket number: 
5A_754/2011
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
July 23, 2012

This quite interesting opinion involved two arbitrations. The first was a BIT arbitration which led to an award of July 1st, 2009 ordering the state concerned (the Kingdom of Thailand) to pay € 29.21 million to a German company pursuant to the BIT between Thailand and Germany. That award is available on the Internet (www.iareporter.com) and the arbitral tribunal comprised Marc Lalonde, Jayavadh Bunnag, and Ian Barker as chairman.
 

Case information

Docket number: 
4A_570/2011
Original language: 
French
Parties
Appellant: 
Counsel
PDF version of the translation: 
Chairman: 

Pages