Swiss Arbitration Decisions

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Found 11 result(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: 
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: 
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): 
March 21, 2011

The dispute arose between a Tunisian citizen and a French company and the Shareholders’ Agreement they had entered into on September 4, 2010. The Agreement contained an arbitration clause providing for ICC arbitration in Geneva. A three-member panel of arbitrators was constituted with Tim Portwood as Chairman, and Paul Friedland and Francesco Marena as Arbitrators. The arbitral tribunal issued an award on March 1, 2010, which the French company sought to rectify.

Case information

Docket number: 
4A_486/2010
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
April 6, 2011

The case involved a contract signed in 2006 (“the Protocol”) by which certain shares were assigned by a Luxemburg company to a French company. Litigation in French Courts ensued and in November 2009, the Luxemburg company initiated arbitration proceedings in Switzerland pursuant to an ICC clause contained in the Protocol.

 

Case information

Docket number: 
4A_614/2010
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
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): 
August 20, 2012

In 2007 a Swiss company, a Dutch company and a bank entered into a contract whereby the two companies were to control the delivery and storage of cereals bought by a third party - also a signatory of the contract - by way of the credit lines the Swiss bank was making available for this purpose.

Case information

Docket number: 
4A_240/2012
Original language: 
French
Published: 
31 ASA Bull 100 (2013)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
April 7, 2014

The case involved two football teams and a football federation. One of the teams was denied a license to play in the first division of the championship for the following season as it was involved in bankruptcy proceedings. However the team ended up playing in a qualifying playoff game, which it won, therefore obtaining the right to play in the first division of the championship for the following year – despite the bankruptcy proceedings.

 

Case information

Docket number: 
4A_564/2013
Original language: 
French
Published: 
32 ASA Bull 854 (2014)
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
May 8, 2013

Case information

Docket number: 
4A_439/2012, 4A_457/2012
Original language: 
French
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
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: