Swiss Arbitration Decisions

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Found 161 result(s)
July 23, 2014

The case involved a dispute concerning services performed in a large development and construction project in Ukraine. Two Cypriot companies were involved. They had concluded a contract concerning the management and the supervision of the project containing an ICC arbitration clause. One of the companies went bankrupt and sought the reimbursement of some payments made to the other by starting arbitration proceedings.

Case information

Docket number: 
4A_118/2014
Original language: 
German
Published: 
33 ASA Bull 126 (2015)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
December 14, 2017

This is the well known case of Horthel Systems BV v. Poland, initiated under the 1992 Netherlands-Poland BIT. Horthel sought damages on the basis of articles 3(1) (Fair and equitable treatment) and 5 (Deprivation of investment without compensation and discrimination). At issue was the (modified) tax regime applied by the host state.

Case information

Docket number: 
4A_157/2017
Original language: 
French
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
September 19, 2017

The case involved a final award of 23 November, 2016, issued by an Arbitral Tribunal chaired by Antonio Rigozzi, sitting with arbitrators Pierre-Yves Tschanz and Tetiana Bersheda. The arbitration was under the aegis of the Swiss Chambers' Arbitration Institution, governed by Swiss law and the venue was in Geneva.

Case information

Docket number: 
4A_12/2017
Original language: 
French
Published: 
36 ASA Bulle 173 (2018), ATF 143 III 578
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
January 11, 2017

The case involved the sale of certain goods between two companies in Turkey and Hong-Kong. A Swiss Chambers Arbitration was initiated and the sole arbitrator – a Geneva lawyer whose identity the Respondent’s counsel considers confidential – rejected the claim in an award issued on February 25, 2016.

Case information

Docket number: 
4A_188/2016
Original language: 
French
Published: 
35 ASA Bull 162 (2017)
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
October 25, 2010

Considering the quantity of excellent advanced programs in international arbitration, let alone the innumerable seminars and programs to which we are constantly invited, one would have thought that blatantly pathological arbitration clauses were a thing of the past.

 

This opinion shows that pathological clauses still exist and that they continue to occasionally cause havoc.

 

Case information

Docket number: 
4A_279/2010
Original language: 
German
Published: 
29 ASA Bull 129 (2011)
Parties
Counsel
PDF version of the translation: 
Arbitrator (s): 
January 23, 2012

On January 23, 2012, the Federal Tribunal issued two opinions in two parallel cases (4A_526/2011 and 4A_528/2011). The opinions are of moderate interest and since they are almost identical and contain no material differences, It is suggested that whoever is interested in this case should read only the opinion in docket 4A_526/2011.

Case information

Docket number: 
4A_526/2011
Original language: 
German
Parties
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
January 23, 2012

Case information

Docket number: 
4A_528/2011
Original language: 
German
Parties
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
February 20, 2013

The case involved a merger governed by Austrian law, which was subject to the condition precedent that the competent anti-trust authorities of Austria would approve the merger. The parties undertook to make their “best endeavors” to obtain the approval. The approval was not granted and a claim for damages ensued as the contract between the parties contained an ICC arbitration clause with venue in Zurich.

 

Case information

Docket number: 
4A_407/2012
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
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: 
January 26, 2017

On June 4, 2009, the Argentinian professional football player Z.________ and the Italian Club X.________ concluded a five-year employment contract. The player terminated the contract for cause on July 1, 2013, and shortly afterwards he concluded another employment contract with the Argentinean football Club Y.________.

Case information

Docket number: 
4A_716/2016
Original language: 
French
Parties
Counsel
PDF version of the translation: 
October 16, 2012

The case involved a Portuguese company created as a joint venture by three German companies. The JV entered into a Sales and Purchase Agreement with a Chinese company in 2008, containing an arbitration clause providing for ICC arbitration in Geneva.

 

Case information

Docket number: 
4A_50/2012
Original language: 
German
Parties
Counsel
PDF version of the translation: 
Chairman: 

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