Swiss Arbitration Decisions

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Found 8 result(s)
March 18, 2010

The case involved a French and an Italian company, which had entered into a series of joint venture agreements in a project involving the production of aircraft.

 

A dispute arose as to the modalities of invoicing and costs. An ICC arbitration was initiated by the French company on December 18, 2007 and the arbitration was conducted in Lausanne under French law. The Arbitral Tribunal consisted of Piero Bernardini and myself with Bernard Hanotiau as Chairman.

 

Case information

Docket number: 
4A_584/2009
Original language: 
French
Published: 
29 ASA Bull 426 (2011)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
April 13, 2010

The case involved essentially a trademark dispute relating to the ownership of stock and the termination of a license agreement. The agreement was governed by Dutch law and the arbitration took place in Geneva on the basis of the Expedited Arbitration Rules of the WIPO. Pascal Hollander was appointed as sole arbitrator.

Case information

Docket number: 
4A_582/2009
Original language: 
French
Published: 
28 ASA Bull 598 (2010)
136 ATF III 200 (2010)
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
August 3, 2010

This judgment of the Federal Tribunal, dated August 3, 2010 although it was posted on the website of the Court several weeks later, involved a 2001 Business Consultancy Agreement between a Belgian and a Spanish company. The main purpose of the Agreement was for one of the companies to assist the other in a bid for a liquefied gas storage facility. The Belgian company subsequently assigned its activities related to natural gas to another company, based in Germany. The bid was unsuccessful.

Case information

Docket number: 
4A_254/2010
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
January 11, 2011

The case involved a company that had entered into two License Agreements with the International Olympic Committee (“IOC”) for the production and distribution of DVDs in various territories. The contracts were governed by Swiss law and contained arbitration clauses providing for the exclusive jurisdiction of the Court of Arbitration for Sport (CAS).

 

Case information

Docket number: 
4A_579/2010
Original language: 
French
Published: 
29 ASA Bull 716 (2011)
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
February 7, 2011

The case arose from a somewhat complex web of contracts (described in section A of the opinion). The fact that the names are omitted does not facilitate an understanding of what the case was all about. The dispute was between France Telecom and Euskatel, and the arbitration proceedings were conducted in Geneva under ICC rules before an arbitral tribunal composed of Horacio Grigera-Naon as Chairman, with Yves Derains and José Perez-Lorca-Rodrigo as arbitrators.

 

Case information

Docket number: 
4A_482/2010
Original language: 
French
Published: 
29 ASA Bull 721 (2011)
Parties
Counsel
PDF version of the translation: 
October 26, 2009

This decision of October 26, 2009 is quite interesting, because it was not really an “international” case and it involved a matter in which Swiss courts are normally pretty jealous of their own jurisdiction, namely a contract for the lease of office space in Geneva.

Case information

Docket number: 
4A_428/2009
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
February 15, 2010

A Turkish company and a Romanian company contracted for the sale of metal bars. A dispute arose and the contract was terminated. At the end of 2008, the Turkish company initiated arbitration proceedings in Geneva in front of a sole arbitrator appointed by the Geneva Chamber of Commerce and Industry. The arbitrator issued an award on August 27, 2009, essentially upholding the claim. The Romanian company appealed to the Federal Tribunal.

Case information

Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
August 5, 2013

For those of you who read French it has already been the object of a short commentary by Laurent Hirsch on October 1st 2013. Laurent’s comments were posted at arbitrage-adr@yahoogroupes.fr

The case involved the sale of Russian coal between two Swiss companies. There was an arbitration clause with Swiss law governing the contract and with venue in Zürich under the Swiss Chambers’ Arbitration Institution (SCAI) rules.

Case information

Docket number: 
4A_214/2013
Original language: 
French
Published: 
32 Asa Bull 118 (2014)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: