Swiss Arbitration Decisions

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Found 160 result(s)
May 2, 2012

This very interesting opinion involved a contract governed by Swiss law for the delivery of a production line of certain materials. Ad hoc arbitration proceedings started in Geneva in January 2009. An award was issued and on December 16, 2011 I sent you the English translation of a first decision that the Federal Tribunal took in this matter on May 16, 2011.  A copy of the first decision of the Federal Tribunal is enclosed and you will find here 4A_46/2011.

Case information

Docket number: 
4A_14/2012
Original language: 
French
Published: 
138 ATF III 270 (2011)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
May 31, 2012

From materials available on the internet, this decision date May 31st, 2012, appears to involve the Honduran football player David Suazo. Suazo originally played for a Honduran club, Deportivo Olimpia. In 1999 he was transferred to the Italian club Cagliari pursuant to a June 1st, 1999 contract, which reserved the right of Deportivo Olimpia to obtain additional payments should the player be transferred to another club.

Case information

Docket number: 
4A_682/2011
Original language: 
German
Published: 
32 Asa Bull 137 (2014)
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 
July 2, 2012

This decision dated July 2, 2012 concerns the New York Convention. As you will see, the case did not involve an appeal against an international arbitral award stricto sensu but rather an appeal against a judgment of the Cantonal Court of Schwyz, which had confirmed a decision of the District Court of Höfe as to the enforcement of an international award in Switzerland.

Case information

Docket number: 
5A_754/2011
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
July 23, 2012

This quite interesting opinion involved two arbitrations. The first was a BIT arbitration which led to an award of July 1st, 2009 ordering the state concerned (the Kingdom of Thailand) to pay € 29.21 million to a German company pursuant to the BIT between Thailand and Germany. That award is available on the Internet (www.iareporter.com) and the arbitral tribunal comprised Marc Lalonde, Jayavadh Bunnag, and Ian Barker as chairman.
 

Case information

Docket number: 
4A_570/2011
Original language: 
French
Parties
Appellant: 
Counsel
PDF version of the translation: 
Chairman: 
October 13, 2009

The case involved a Russian racing cyclist, Vladimir Gusev and a Belgian Company, Olympus SARL. Olympus hired Gusev for two years on November 15, 2007 and the contract was governed by Swiss law. On July 23rd, 2008, Olympus terminated the contract, alleging that a medical report seriously suggested that the cyclist had taken exogenous EPO.

Case information

Docket number: 
4A_368/2009
Original language: 
French
Published: 
28 ASA Bull 634 (2010), 639
also see 3 SwissIntArbRep 441, 453 (2009)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
August 6, 2012

The case involved an asset manager in Zurich and a German lady, who became his client. There was an arbitration clause and the contract between the parties contemplated that a foundation would be constituted in Panama. That foundation would in its turn entrust the portfolio manager with a mandate to manage the funds deposited with a Swiss bank. The parties to the contract were the portfolio manager, a Panamanian company, another person and the client.

Case information

Docket number: 
4A_119/2012
Original language: 
German
Published: 
30 ASA Bull 864 (2012)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
September 19, 2012

Except for the fact that some of you might be interested to learn that the game of chess is actually a “sport” for arbitration purposes, the opinion is of limited interest.

 

The matter involved the selection of the National Federation of the European Chess Union that would host the 2013 tournaments organized by the ECU.

 

Case information

Docket number: 
4A_274/2012
Original language: 
French
Published: 
31 ASA Bull 149 (2013)
Parties
Appellant: 
Counsel
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
October 16, 2012

The case involved an appeal to the Federal Tribunal by a football federation against an award on costs issued by the Court of Arbitration for Sport (CAS) on April 27, 2012. The CAS Panel was composed of Romano Subioto, chairman, with Ulrich Haas and Allan Sullivan as arbitrators.

 

Case information

Docket number: 
4A_314/2012
Original language: 
French
Published: 
32 ASA Bull 646 (2014)
Parties
Counsel
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
December 6, 2012

The case concerned another alleged breach of employment contract by a player who signed with another club before his employment contract expired.

Case information

Docket number: 
4A_276/2012
Original language: 
French
Published: 
32 Asa Bull 77 (2014)
Parties
Counsel
PDF version of the translation: 
January 10, 2013

It is the first Swiss episode in the saga of the dispute between the Nationally Iranian Oil Company (“NIOC”) and the State of Israel.

 

Case information

Docket number: 
4A_146/2012
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
January 17, 2013

The case involved a sport arbitration and three contracts with conflicting arbitration or jurisdiction clauses.

 

Case information

Docket number: 
4A_244/2012
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
April 17, 2013

An English company, a Swiss company and a third party entered into a Framework Agreement for the delivery of nickel. The agreement was governed by English law and provided for arbitration in Zurich.

 

Case information

Docket number: 
4A_669/2012
Original language: 
French
Published: 
32 Asa Bull 108 (2014)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
April 30, 2013

Case information

Docket number: 
4A_43/2013
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
May 24, 2013

The case involved a football club in Mexico and a Brazilian player. A dispute as to the player’s compensation resulted in a decision of the FIFA Dispute Resolution Chamber in November 2010, holding that it did not have jurisdiction, whereupon the player filed a claim with the Mexican Conciliation and Resolution of Controversies Commission (“CRCC”). On July 26, 2011, the CRCC found that the claim was time-barred under applicable Mexican law.

 

Case information

Docket number: 
4A_476/2012
Original language: 
German
Published: 
32 Asa Bull 148 (2014)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
June 27, 2013
The case involved a contract between a Canadian mining company and a German consulting firm containing an ICC arbitration clause with jurisdiction in Zürich. A dispute arose as to the payment of the fee and the German consultant started arbitral proceedings in Zürich. The ICC appointed Hansjörg Stutzer as sole arbitrator and he issued an award in January 2013 upholding the claim.

Case information

Docket number: 
4A_95/2013
Original language: 
German
Published: 
32 Asa Bull 48 (2014)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 

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