Swiss Arbitration Decisions

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Found 154 result(s)
March 5, 2010

The case involved a Sport Federation and a press conference. While the Federal Tribunal, in accordance with its practice, made it impossible to identify the parties from the opinion as published on its website, a little bit of sleuthing on Google quickly shows that the case involved the press conference held by Mr. Rudel Obreja, a Romanian technical delegate, at the 2008 Beijing Olympics in connection with some alleged misdeeds within the International Boxing Association.

Case information

Docket number: 
4A_524/2009
Original language: 
French
Published: 
28 ASA Bull 584 (2010)
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
April 12, 2010

The decision of the Federal Tribunal of April 12, 2010 relates the matter of Yücel KOP v. International Association of Athletics Federations (IAAF) and Turkish Athletic Federation (TAF).

As sport arbitration cases go, this one is quite interesting because it raises some delicate issues, which the Federal Tribunal disposed of without perhaps reviewing them as far in depth as it could have.

Case information

Docket number: 
4A_624/2009
Original language: 
French
Published: 
29 ASA Bull 159 (2011)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
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: 
May 26, 2010

The case is quite interesting because  most of the appeals of which the Swiss Supreme Court is seized against international arbitral awards are rejected, but this one was granted in part and the award was annulled.

Case information

Docket number: 
4A_433/2009
Original language: 
French
Published: 
29 ASA Bull 673 (2011)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
July 29, 2010

The case involved a Norwegian equestrian whose horse had tested positive for Capsaicin during the 2008 Olympic Games in China. A tribunal of the Fédération Equestre Internationale (FEI) found against the equestrian, disqualified him and the horse from the Olympic Games in Beijing and deprived him of all medals and prizes. The equestrian was also fined and banned for four and a half months.

Case information

Docket number: 
4A_43/2010
Original language: 
German
Published: 
28 ASA Bull 837 (2010)
Parties
Counsel
PDF version of the translation: 
October 6, 2010

Whilst all international arbitration opinions of the Swiss Federal Tribunal are worthy of interest, this one is unlikely to be the most fascinating you will ever read !

The case dates back to October 6, 2010 and the opinion arrived on the website of the Court some weeks later.

Case information

Docket number: 
4A_237/2010
Original language: 
German
Published: 
29 ASA Bull 141 (2011)
Parties
Appellant: 
Counsel
PDF version of the translation: 
Chairman: 
December 20, 2010

The case involved a professional football player who had played for a professional club in Europe between September 2004 and July 2005.

 

A dispute arose and on October 31, 2008, the Dispute Resolution Chamber of FIFA ordered the Club to pay salary in arrears and an additional amount for breach of contract to the player.

 

Case information

Docket number: 
4A_10/2010
Original language: 
French
Published: 
29 ASA Bull 682 (2011)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
Arbitrator (s): 
January 7, 2011

This is  the second one issued by Arbitrator Pascal Hollander in a case that has previously produced an opinion of the Federal Tribunal, on April 13, 2010 (4A_582/2009).

 

Tthe first opinion involved some interesting developments as to the procedural nature of a “preliminary award” Mr. Hollander had issued, essentially ordering one of the parties to transfer the inventory to its licensor and ordering a provisional payment.

 

Case information

Docket number: 
4A_440/2010
Original language: 
French
Published: 
30 ASA Bull 618 (2012)
137 ATF III 85 (2011)
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
February 17, 2011

The case involved a Turkish football club and a professional player with which the club had an employment relationship. The player was then injured and ultimately the club sought damages before the FIFA Dispute Resolution Chamber, which awarded a substantial amount on January 9, 2009. Both Parties appealed and on June 7, 2010, a panel of the Court of Arbitration for Sport (“CAS”) composed of Mr. Efraim Barak as Chairman, with Mr. Michel Bernasconi and Mr.

Case information

Docket number: 
4A_402/2010
Original language: 
German
Published: 
30 ASA Bull 685 (2012)
Parties
Counsel
PDF version of the translation: 
Chairman: 
February 23, 2011

The matter involves the Kenya Football Federation (KFF) and FIFA. In October 2006, FIFA suspended the KFF membership for a number of reasons, mainly interference of the Kenyan governmental authorities according to the subsequent arbitral award (which is published on the website of the Court of arbitration for sport: www.tas-cas.org).

 

Case information

Docket number: 
4A_326/2010
Original language: 
German
Parties
Counsel
PDF version of the translation: 
March 21, 2011

The dispute arose between a Tunisian citizen and a French company and the Shareholders’ Agreement they had entered into on September 4, 2010. The Agreement contained an arbitration clause providing for ICC arbitration in Geneva. A three-member panel of arbitrators was constituted with Tim Portwood as Chairman, and Paul Friedland and Francesco Marena as Arbitrators. The arbitral tribunal issued an award on March 1, 2010, which the French company sought to rectify.

Case information

Docket number: 
4A_486/2010
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
April 6, 2011

The case involved a contract signed in 2006 (“the Protocol”) by which certain shares were assigned by a Luxemburg company to a French company. Litigation in French Courts ensued and in November 2009, the Luxemburg company initiated arbitration proceedings in Switzerland pursuant to an ICC clause contained in the Protocol.

 

Case information

Docket number: 
4A_614/2010
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
June 14, 2011

This fairly interesting decision issued on June 14, 2011 involved a dispute between a Turkish company and its Polish contractor with regard to the construction of the boiler in an industrial power plant in Bulgaria. The pertinent contracts provided for ICC arbitration in Zurich and when a dispute arose as to the responsibility for the delays in the performance of the work, the Turkish company filed a request for arbitration.

Case information

Docket number: 
4A_617/2010
Original language: 
German
Published: 
30 ASA Bull 138 (2012)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
July 20, 2011

The case is not without interest and it involved the technical director and chief coach of the national team of Jamaica, a Mexican citizen of Serbian origin, who had been hired in late 2006, and was terminated in November 2010. The coach filed a claim with the Players’ Status Committee of FIFA and he was awarded USD 1,000,000 for wrongful termination in February 2010. The Jamaican Football Federation appealed that decision to the Court of Arbitration for Sport (CAS).

Case information

Docket number: 
4A_162/2011
Original language: 
German
Published: 
30 ASA Bull 177 (2012)
Parties
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 
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): 

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