Swiss Arbitration Decisions

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Found 16 result(s)
March 20, 2008

The case involved an appeal against an award issued in Lausanne on October 30, 2007. The Arbitral tribunal (Dirk-Reiner Martens, Efraïm Barak and Juan José Pinto, chairman) constituted by the Court of Arbitration for Sport was under attack in the appeal due to an alleged lack of independence.

Case information

Docket number: 
4A_506/2007
Original language: 
French
Published: 
2 SwissIntArbRep 191 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
June 20, 2008

This decision of June 20, 2008 was an appeal against a decision of the Court of Arbitration for Sports of December 4, 2007. The case involved clubs in Argentina and Spain. A well known player was transferred for a large amount of money and a claim was made for a solidarity contribution based on FIFA Regulations. The FIFA Dispute Resolution Chamber rejected the claim and the Court of Arbitration for Sports upheld the decision.

Case information

Docket number: 
4A_18/2008
Original language: 
German
Published: 
2 SwissIntArbRep 269 (2008)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
August 14, 2008

The case involves an attempt at obtaining revision of an award of the Court of Arbitration for Sport (CAS) of April 16, 2008, in which the sole arbitrator rejected a claim for a commission on the transfer of a football player. Revision was sought on the basis of subsequent discovery of an alleged lack of impartiality of the arbitrator (see at 2.2.2).

Case information

Docket number: 
4A_234/2008
Original language: 
French
Published: 
29 ASA Bull 512 (2009)
also see 2 SwissIntArbRep 303 (2008)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
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): 
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): 
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: 
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: 
April 4, 2008

The case involved a request for revision of an arbitral award issued on August 7, 2007 by the Court of Arbitration for Sport ("CAS") with three arbitrators sitting, Luigi Fumagalli, Jose Juan Pintó Sala and Chairman Jan Paulsson. The award was not appealed but some months later an application was made for revision, supposedly because one of the arbitrators was not independent.

Case information

Docket number: 
4A_528/2007
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
Chairman: 
September 23, 2008

The case involved a sports arbitration in Lausanne, in which two Argentinean agents had been entrusted with negotiating the transfer of a player to the Spanish club Real Madrid. The transfer was not completed due to a negative medical report. The agents filed a claim with FIFA for fees, which was rejected. On February 29, 2008, the Court of Arbitration for Sports (“CAS”) upheld the dismissal of the claim. The CAS arbitral tribunal was chaired by Prof. Massimo Coccia with Mr. D.

Case information

Docket number: 
4A_176/2008
Original language: 
German
Published: 
27 ASA Bull 128 (2009)
also see Vol 2 SwissIntArbRep 451 (2008)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
October 29, 2008

The Federal Tribunal refers to two arbitrations. As it happens, I was one of the arbitrators in one of the two and it might not be fully appropriate for me to comment or criticize the decision.

Accordingly, I will simply point out the issues the Federal Tribunal dealt with:

(i) Section 3 of the opinion deals with jurisdiction. The interesting part is at 3.3.1.2 at pages 10 – 11.

Case information

Docket number: 
4A_210/2008
Original language: 
French
Published: 
2009, ASA Bulletin 309
2 SwissIntArbRep 495 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
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: 
September 2, 2014

The case involved a lengthy dispute concerning a brewery in Algeria. The original contract was signed in 1999 and it contained an arbitration clause in favour of a three-member tribunal of the International Commercial and Industrial Arbitration Court (CARICI), a little-known arbitral institution in Geneva, dissolved as of December 31, 2011.

Case information

Docket number: 
4A_606/2013
Original language: 
French
Published: 
33 ASA Bull 614 (2015)
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 
January 6, 2010

The case involved an ICC arbitration in Zurich between the successors of a Romanian company, which had entered into a contract with a consortium composed of a Finnish and a German company for the rehabilitation and the modernization of a power plant in Romania. The Consortium initiated arbitral proceedings and a three-arbitrator panel was constituted (Mark Blessing as Chairman, with Andreas Reiner and Victor Tanarescu as arbitrators).

Case information

Docket number: 
4A_348/2009
Original language: 
French
Published: 
28 ASA Bull 772 (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: 

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