Swiss Arbitration Decisions

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Found 19 result(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: 
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: 
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): 
April 7, 2014

The case involved the construction of a plant for the production of aluminium foil pursuant to a 1997 contract. The completion of the project encountered several difficulties and was suspended in 2003, whereupon new agreements were entered into and the construction of the plant was entrusted to an Italian group comprised of several companies. When a counterclaim was filed, one of the companies objected to the jurisdiction of the arbitral tribunal concerning the counterclaim.

Case information

Docket number: 
4A_450/2013
Original language: 
French
Parties
Counsel
PDF version of the translation: 
Chairman: 
January 28, 2014

In his arbitration newsletter of April (www.thouvenin.com) Hans Jörg Stutzer called it, “an incredible story.” This may have been somewhat overstated but the case is indeed exceptional.

 

Case information

Docket number: 
4A_490/2013
Original language: 
French
Published: 
32 ASA Bull 617 (2014), 140 III 75
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
February 27, 2014

The case involved a license agreement basically providing that after the license expired or if it was terminated, some provisions of the contract would remain in force but that otherwise all rights and obligations of the parties would terminate.

 

Case information

Docket number: 
4A_438/2013
Original language: 
German
Published: 
32 ASA Bull 813 (2014), 140 III 134
Parties
Appellant: 
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: 
August 6, 2012

The case involved an asset manager in Zurich and a German lady, who became his client. There was an arbitration clause and the contract between the parties contemplated that a foundation would be constituted in Panama. That foundation would in its turn entrust the portfolio manager with a mandate to manage the funds deposited with a Swiss bank. The parties to the contract were the portfolio manager, a Panamanian company, another person and the client.

Case information

Docket number: 
4A_119/2012
Original language: 
German
Published: 
30 ASA Bull 864 (2012)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
January 10, 2013

It is the first Swiss episode in the saga of the dispute between the Nationally Iranian Oil Company (“NIOC”) and the State of Israel.

 

Case information

Docket number: 
4A_146/2012
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
January 17, 2013

The case involved a sport arbitration and three contracts with conflicting arbitration or jurisdiction clauses.

 

Case information

Docket number: 
4A_244/2012
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
September 30, 2013

The case involved a distribution agreement between an English company and a Greek company. The contract was governed by English law and provided for ICC arbitration in Geneva.

The English company subsequently advised its Greek counterpart that the goods would henceforth be sent and invoiced by an Italian company as a consequence of an administrative reorganization of the group.

Case information

Docket number: 
4A_232/2013
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
October 2, 2013

The case involved a 1999 Distribution Agreement between a German company (and presumably its subsidiary in Egypt) on the one hand and an Egyptian company on the other hand.

Case information

Docket number: 
4A_305/2013
Original language: 
German
Parties
Respondent: 
Counsel
PDF version of the translation: 
August 19, 2008

The case involved an appeal against a partial award issued on January 31, 2008 by an arbitral tribunal sitting in Geneva, with Sebastien Besson as chairman.

The dispute revolves around an industrial complex in Qatar where a company incorporated in Cyprus undertook to perform certain dredging work. A contract to that effect was signed on November 9, 2002. The contract is governed by Swiss law and it contains an ICC arbitration clause.

Case information

Docket number: 
4A_128/2008
Original language: 
French
Published: 
26 ASA Bull 777 (2008)
134 ATF III 565 (2008)
also see 2 SwissIntArbRep 323 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
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_215/2008
Original language: 
French
Published: 
27 ASA Bull 114 (2009)
also see 2 SwissIntArbRep 361 (2008)
Parties
Respondent: 
Counsel
PDF version of the translation: 
October 10, 2008

The decision is quite interesting as the case involved work on a plant in Turkey, for which, among other things a bank guarantee had been issued. The parties fell out, attempts were made at calling the guarantee and an ICC arbitration ensued. The Arbitral Tribunal (Dr. Daniel Busse, Dr. Gert Thoenen and Dr. Philipp Habegger as chairman) issued a partial award on April 9, 2008.

Case information

Docket number: 
4A_224/2008
Original language: 
German
Published: 
27 ASA Bull 290 (2009)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
Chairman: 
Arbitrator (s): 

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