Swiss Arbitration Decisions

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Found 160 result(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): 
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): 
January 4, 2012

This judgment, dated January 4, 2012 and the first decision issued in 2012, is quite interesting and deserves reading.

It involved a Tunisian businessman who entered into certain agreements with some foreign companies. The agreements contained an opting out of appeals worded as follows:

“The decision of the arbitration shall be final and binding and neither Party shall have any right to appeal such decision to any court of law”.

Case information

Docket number: 
4A_238/2011
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
January 31, 2012

This quite interesting opinion dated January 31st, 2012, involved a supply and joint venture agreement between an American and another company, essentially purporting to provide for exclusive distribution rights in the Nafta area.

Case information

Docket number: 
4A_360/2011
Original language: 
French
Published: 
30 ASA Bull 634 (2012)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
June 18, 2012

The case involved an Italian professional cyclist whose Biological Passport was assessed by a group of experts appointed by the International Cycling Union (ICU). They concluded that he had used a prohibited substance or method. Disciplinary proceedings were opened and the Italian Anti-Doping Tribunal of the Italian National Olympic Committee acquitted the cyclist in 2010.

Case information

Docket number: 
4A_488/2011
Original language: 
French
Published: 
31 ASA Bull 112 (2013)
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
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: 
July 12, 2012

The case involved certain contracts for a paper factory concluded in 2005. The contracts contained an ICC arbitration clause in Geneva. Swiss law was applicable to the merits.

 

A dispute arose because the Contractor had not been paid in full and the Respondent objected that the equipment delivered was unable to achieve the performance levels promised in the contracts.

 

Case information

Docket number: 
4A_150/2012
Original language: 
French
Published: 
31 ASA Bull 138 (2013)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
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: 
December 11, 2012

At issue was a dispute governed by Swiss law between two companies and there was an ICC arbitration clause (1998 ICC Rules) providing for ICC arbitration in Geneva.

 

A three members arbitral tribunal was constituted (Jean de Hauteclocque and Albert Dupont-Willemin as arbitrators, with Guy Keutgen as chairman) and two preliminary awards were issued by the arbitrators.

 

Case information

Docket number: 
4A_414/2012
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
January 17, 2013

The dispute involved a contract between a French and an Iraqi company appointing the latter as agent for the sale in Iraq and subsequently in Syria of diesel engines for electrical power plants. The contract was governed by Swiss law and contained an ICC arbitration clause with venue in Lausanne (Switzerland).

 

Case information

Docket number: 
4A_538/2012
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
April 29, 2013

Case information

Docket number: 
4A_512/2011
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
July 1, 2013

Case information

Docket number: 
4A_67/2013
Original language: 
French
Parties
Counsel
Appellant: 
April 29, 2013

The case involved an athlete who ran away from an anti-doping test by refusing to meet the Doping Control Officer. His federation did not sanction him and an appeal was made to the Court of Arbitration for Sport by the International Association of Athletics Federations.

 

Case information

Docket number: 
4A_730/2012
Original language: 
French
Published: 
32 Asa Bull 68 (2014)
Parties
Counsel
PDF version of the translation: 
June 3, 2013

The case involved a dispute between two French companies for the renovation work done on a hotel in the French Antilles.

Case information

Docket number: 
4A_666/2012
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 

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