Swiss Arbitration Decisions

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Found 160 result(s)
November 5, 2013

Case information

Docket number: 
4A_540/2013
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
January 13, 2014

Case information

Docket number: 
4F_2/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
March 27, 2014

The case concerned the sports director of a Ukrainian football club, a Yevhen Krasnikov, who was involved in a disgraceful incident in April 2008, in which a substantial payment was made to the players of FC Karpaty, another Ukranian club, to fix a game which FC Metalist won 4:0.

Case information

Docket number: 
4A_362/2013
Original language: 
German
Parties
Counsel
PDF version of the translation: 
Chairman: 
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: 
March 8, 2016

The case involved a dispute between two professional football clubs, which entered into a contract in 2010 concerning a certain professional player. As is fairly usual, the transfer of the player by one club to the other was accompanied by certain commitments in case of a subsequent transfer. A contractual penalty could apply in various circumstances.

 

Case information

Docket number: 
4A_510/2015
Original language: 
French
Published: 
Bull. ASA 2016, p. 928
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
April 1, 2016

The case involved a professional football player who had played for three clubs – despite the fact that the FIFA Regulations on the Status and Transfer of Players limit a player’s ability to enter official games on behalf of more than two clubs during the same season.

 

Case information

Docket number: 
4A_620/2015
Original language: 
French
Published: 
35 ASA Bull 763 (2017)
Parties
Counsel
PDF version of the translation: 
December 2, 2016

A very short opinion dated December 2, 2016, which is of little interest, except for the reference made to a Redfern Schedule at 3.2.1 in the opinion.

Otherwise, regretfully in these writers’ opinion, the Federal Tribunal simply reiterates its very narrow construction of the principle of pacta sunt servanda to reject the appeal against the July 29, 2016 award in a dispute involving a claim against an estate raised in a Swiss Chambers Arbitration.

Case information

Docket number: 
4A_522/2016
Original language: 
French
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
January 6, 2014

Case information

Docket number: 
4A_476/2013
Original language: 
French
Published: 
32 ASA Bull 54 (2014)
Parties
Counsel
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: 
February 9, 2017

The case involved the termination of an employment contract between a professional football player X (the Player) and the club A without cause (alongside clubs B. and C). The FIFA DRC Decision found that the Player and club C. were jointly and severally liable for the payment to A. of EUR 3'100'000, including interest, as compensation for termination of the contract without cause, in accordance with Art. 17(1) of the Regulations on the Status and Transfer of Players (RSTP).

Case information

Docket number: 
4A_690/2016
Original language: 
French
Published: 
35 ASA Bull 670 (2017)
Parties
Counsel
PDF version of the translation: 
Chairman: 
July 24, 2017

This was a (very) low-value dispute between a professional football player and his Sub-Agent, about the validity of a second agreement for the payment of a sub-agent’s commission. It is worth noting that the facts occurred prior to the adoption of the FIFA Regulations on Working with Intermediaries. FIFA Player X wanted to go on a loan to another team. His exclusive representative, B, contacted the “Sub-Agent,” Z, who had links to various clubs, including Club C.

Case information

Docket number: 
4A_668/2016
Original language: 
French
Published: 
36 ASA Bull 133 (2018)
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
February 20, 2018

This judgment could be characterized as the “sequel” to the Lazutina judgment that was rendered by the Swiss Federal Tribunal 15 years ago (ATF 129 III 445). It is also interesting for other factual – and not necessarily arbitration-related – reasons. It has already been commented in the Thouvenin newsletter, a copy of which is attached for ease of reference.

Case information

Docket number: 
4A_260/2017
Original language: 
French
Published: 
36 ASA Bull 406 (2018), ATF 144 III 120
Parties
Counsel
PDF version of the translation: 
August 5, 2016

Case information

Docket number: 
4A_355/2016
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
October 23, 2017

In an appeal filed by the World Anti-Doping Agency (WADA) to the Court of Arbitration for Sport (CAS) against an “Agreement” concluded between the professional squash Player X.________ and the World Squash Federation (WSF). According to the Agreement, the Player X.________ admitted having violated the anti-doping rules, accepting, among other penalties, a one-year suspension.

Case information

Docket number: 
4A_424/2017
Original language: 
French
Parties
Counsel
PDF version of the translation: 

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