Swiss Arbitration Decisions

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Found 163 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): 
August 21, 2008

The case is nothing to write home about but it still diserves a quick perusal. It involved an ICC arbitration in Bern with Prof. Wolfgang Wiegandt as chairman, dealing with a 1986 Joint Venture Agreement ("JVA") between two companies in Italy and Bosnia-Herzegovina. The case was stayed due to the political situation for quite a while, then a partial award was issued determining, among other things, that Swiss law applied to the JVA.

Case information

Docket number: 
4A_194/2008
Original language: 
German
Published: 
26 ASA Bull 793 (2008)
also see 2 SwissIntArbRep 283 (2008)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
October 7, 2008

The case Federaciòn Española de Bolos ("FEB") v. Fédération Internationale des Quilleurs ("FIQ") and Federaciò Catalana de Bitllesi BowlingFederaciò Catalana de Bitllesi Bowling ("FCBB") involved an application made by FCBB to be admitted as a member of FIQ, whilst the FEB, as the Spanish Federation, was already a member of FIQ.

Case information

Docket number: 
4A_258/2008
Original language: 
French
Published: 
27 ASA Bull 137 (2009)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
October 28, 2008

The case involved an arbitration in Geneva based on a 2007 contract between a Swiss and a Canadian company. The contract was governed by Swiss law. The arbitration clause provided for arbitration under the aegis of the Geneva Chamber of Commerce and Industry. A sole arbitrator was appointed (Mr. Bernd Ehle, a partner of the Geneva arbitration firm Lalive, see www.lalive.ch) and on May 13, 2008 the arbitrator issued a final award granting monetary damages.

Case information

Docket number: 
4A_294/2008
Original language: 
French
Published: 
2009, ASA Bulletin 144
2 SwissIntArbRep 495 (2008)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
January 22, 2009

This decision of the Swiss Federal Tribunal of January 22, 2009 involves sport arbitration and put an end to a dispute involving field hockey.

In April 2008 a qualifier competition for the Olympic Games was held in Baku, Azerbaijan. The Spanish and the Azerbaijan feminine teams played in the final and the Spanish team won. Anti-doping tests were conducted with two players of the Spanish team apparently showing positive results.

Case information

Docket number: 
4A_424/2008
Original language: 
French
Published: 
29 ASA Bull 178 (2011)
also see 3 SwissIntArbRep 57 (2009)
Parties
Counsel
PDF version of the translation: 
February 9, 2009

The decision is certainly an interesting one. It has already been commented by Antonio Rigozzi (Cahiers de l’Arbitrage  2009 / 2 p. 33) and by  Laurent Hirsch in the arbitration forum arbitrage-adr@yahoogroupes.fr in March 2009. The decision was also discussed by Hansjörg Stutzer in the Thouvenin newsletter at http://www.thouvenin.com/pages_e/frame/05aktuell.html

Case information

Docket number: 
4A_400/2008
Original language: 
French
Published: 
27 ASA Bull 495 (2009)
also see 3 SwissIntArbRep 77 (2009)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
February 20, 2009

The decision is quite an unusual one as the case involves the late payment of a deposit to the Court of Arbitration for Sport (“CAS”) and whilst I can think of several cases – of no great scholarly interest incidentally – where a payment was made too late to the Federal Tribunal, I suspect this is the only one involving late payment to an arbitral institution.

Case information

Docket number: 
4A_600/2008
Original language: 
French
Published: 
27 ASA Bull 568 (2009)
also see 3 SwissIntArbRep 91 (2009)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
June 23, 2009

The case will confirm that the Court of Arbitration for Sports (CAS) is likely to remain a very significant source of Swiss jurisprudence on international arbitration for some time. The CAS is based in Lausanne, as you know, and the number of decisions it issues is important.

Case information

Docket number: 
4A_62/2009
Original language: 
German
Published: 
28 ASA Bull 562 (2010)
also see 3 SwissIntArbRep 351 (2009)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
October 6, 2009

The decision is certainly a historic one. For the first time ever, the Swiss Supreme Court has decided to accept a petition for revision and order an international arbitral award annulled because the arbitrators were fraudulently misled.

Case information

Docket number: 
4A_596/2008
Original language: 
French
Published: 
28 ASA Bull 318 (2010)
also see 3 SwissIntArbRep 401 (2009)
Parties
Counsel
PDF version of the translation: 
November 24, 2009

The case involved a well-known German jump rider whose horse tested positive for Capsaicin during the riding competitions of the 2008 Summer Olympics in Hong-Kong. Capsaicin is an irritant, which produces a burning sensation on any tissue and it is basically the active component of chilli peppers. The rider was suspended on August 22, 2008 and he explained that the horse had been suffering from chronical back pains for a while, thus justifying the use of an ointment containing Capsaicin.

Case information

Docket number: 
4A_284/2009
Original language: 
German
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
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): 

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