Swiss Arbitration Decisions

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Found 156 result(s)
November 27, 2017

This was a Civil law appeal against an award rendered by the Court of Arbitration for Sport (CAS) on April 19, 2017, where the professional football club X (the Club) was ordered to pay to the player’s Intermediary A (the Intermediary) the outstanding amount of a commission of EUR 2'700'000, plus interest, according to the contract concluded on August 23, 2013.

Case information

Docket number: 
4A_312/2017
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
December 13, 2016

Case information

Docket number: 
4A_116/2016
Original language: 
French
Published: 
35 ASA Bull 708 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
September 20, 2016

It is seldom that the Federal Tribunal ventures into the area of investment protection. As some of you may remember, it did so to address the difference between a treaty claim and a contract claim in the relatively famous case of EDF v. Hungary of October 6, 2015.

Case information

Docket number: 
4A_616/2015
Original language: 
French
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
December 2, 2018

Case information

Docket number: 
4A_214/2016
Original language: 
French
Published: 
35 ASA Bull 169 (2017)
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
June 25, 2018

 The case relates to the termination of an employment contract without just cause between an Egyptian professional football club X.________ and the professional player A.________.

Case information

Docket number: 
4A_502/2017
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
October 2, 2013

The case involved a 1999 Distribution Agreement between a German company (and presumably its subsidiary in Egypt) on the one hand and an Egyptian company on the other hand.

Case information

Docket number: 
4A_305/2013
Original language: 
German
Parties
Respondent: 
Counsel
PDF version of the translation: 
August 19, 2008

The case involved an appeal against a partial award issued on January 31, 2008 by an arbitral tribunal sitting in Geneva, with Sebastien Besson as chairman.

The dispute revolves around an industrial complex in Qatar where a company incorporated in Cyprus undertook to perform certain dredging work. A contract to that effect was signed on November 9, 2002. The contract is governed by Swiss law and it contains an ICC arbitration clause.

Case information

Docket number: 
4A_128/2008
Original language: 
French
Published: 
26 ASA Bull 777 (2008)
134 ATF III 565 (2008)
also see 2 SwissIntArbRep 323 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
September 23, 2008

The case involved a sports arbitration in Lausanne, in which two Argentinean agents had been entrusted with negotiating the transfer of a player to the Spanish club Real Madrid. The transfer was not completed due to a negative medical report. The agents filed a claim with FIFA for fees, which was rejected. On February 29, 2008, the Court of Arbitration for Sports ("CAS") upheld the dismissal of the claim. The CAS arbitral tribunal was chaired by Prof. Massimo Coccia with Mr. D.

Case information

Docket number: 
4A_215/2008
Original language: 
French
Published: 
27 ASA Bull 114 (2009)
also see 2 SwissIntArbRep 361 (2008)
Parties
Respondent: 
Counsel
PDF version of the translation: 
October 10, 2008

The decision is quite interesting as the case involved work on a plant in Turkey, for which, among other things a bank guarantee had been issued. The parties fell out, attempts were made at calling the guarantee and an ICC arbitration ensued. The Arbitral Tribunal (Dr. Daniel Busse, Dr. Gert Thoenen and Dr. Philipp Habegger as chairman) issued a partial award on April 9, 2008.

Case information

Docket number: 
4A_224/2008
Original language: 
German
Published: 
27 ASA Bull 290 (2009)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
November 17, 2008

The opinion is of limited scholarly interest but it provides a good illustration of the “collective mind” of our Supreme Court.

Case information

Docket number: 
4A_438/2008
Original language: 
French
Published: 
29 ASA Bull 379 (2011)
2 SwissIntArbRep 535 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
January 6, 2010

The case involved an ICC arbitration in Zurich between the successors of a Romanian company, which had entered into a contract with a consortium composed of a Finnish and a German company for the rehabilitation and the modernization of a power plant in Romania. The Consortium initiated arbitral proceedings and a three-arbitrator panel was constituted (Mark Blessing as Chairman, with Andreas Reiner and Victor Tanarescu as arbitrators).

Case information

Docket number: 
4A_348/2009
Original language: 
French
Published: 
28 ASA Bull 772 (2010)
Parties
Counsel
PDF version of the translation: 
Chairman: 
February 11, 2010

The case involved two companies, the names of which are omitted, as is standard practice for the Federal Tribunal. However, a clerical mistake on the Court’s website indicates that the Respondent was Aventis and the Appellant was an Israeli company.

 

The dispute involved a distribution agreement pursuant to which an ICC arbitration was initiated in Zurich in 2006. The Arbitral Tribunal was composed of Rudolf Fiebinger as chairman, with Uriel Lynn, Jodk Wicki as arbitrators.

Case information

Docket number: 
4A_444/2009
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
June 2, 2010

The case involved a dispute between the Ukrainian Football Club Shakhtar Donetsk (“Shakhtar”) and the Spanish Club Real Zaragoza, as well as the Brazilian player Matuzalem Da Silva.

Da Silva, on loan from Zaragoza, was transferred from an Italian Club to Shakhtar in 2004. In 2007, an offer was made by an Italian club which Shakhtar rejected. Da Silva then terminated his employment with Shakhtar and signed a new contract with Zaragoza.

Case information

Docket number: 
4A_320/2009
Original language: 
German
Published: 
28 ASA Bull 822 (2010)
Parties
Counsel
PDF version of the translation: 
March 15, 2011

The case involved a claim by a company based in the Cayman Islands concerning some commissions allegedly due for the assistances provided to a construction company with a view to obtaining the works for a water supply system and a highway.

 

The Contracts contained an arbitration clause providing for ICC arbitration and a three-member arbitral tribunal was constituted with Bernhardt Meyer as Chairman, and Pierre-Yves Gunter and Roberto Dallafior as arbitrators.

 

Case information

Docket number: 
4A_481/2010
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
August 22, 2011

This case is mildly interesting and it involves revision of an international arbitral award.

 

Hearing a dispute between two football clubs with regard to training compensation for a player, the Dispute Resolution Chamber of FIFA(“DRC”) issued a decision in March 2009, pursuant to which one of the club was ordered to pay EUR 480,000 to the other club. An appeal was made to the Court of Arbitration for Sport and a sole arbitrator was appointed.

 

Case information

Docket number: 
4A_222/2011
Original language: 
French
Published: 
31 ASA Bull 83 (2013)
Parties
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 

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