Swiss Arbitration Decisions

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Found 44 result(s)
February 26, 2015

The case involved a dispute between a Mexican football club and some Argentine coaches. In 2009, they entered into an employment contract with the club and the contract had dispute resolution clause, yet confusingly providing for jurisdiction of a state court as well as jurisdiction of the Mexican Football Federation.

 

Case information

Docket number: 
4A_374/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
December 16, 2009

This opinion of the Federal Tribunal, dated December 16, 2009, relates to an arbitration in Zurich based on a 2001 contract concerning the delivery of hydrofluoric acid.

The contract was governed by Swiss law. Arbitration proceedings were initiated in Zurich in February 2006 and on April 3, 2009 the ICC Arbitral Tribunal issued an award granting part of the claims and rejecting the counterclaim.

Case information

Docket number: 
4A_240/2009
Original language: 
German
Published: 
30 ASA Bull 457 (2011)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
October 3, 2011

Frankly this case, dated October 3, 2011, is of a very limited interest but it does contain some interesting points.

 

An athlete was banned for life by the Hearing Commission of her country for refusing to submit to an anti-doping test, failing to appear for such a test or attempting to counterfeit the results. As she had been previously sanctioned, the ban was for life.

 

Case information

Docket number: 
4A_530/2011
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
December 11, 2012

At issue was a dispute governed by Swiss law between two companies and there was an ICC arbitration clause (1998 ICC Rules) providing for ICC arbitration in Geneva.

 

A three members arbitral tribunal was constituted (Jean de Hauteclocque and Albert Dupont-Willemin as arbitrators, with Guy Keutgen as chairman) and two preliminary awards were issued by the arbitrators.

 

Case information

Docket number: 
4A_414/2012
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
November 5, 2013

Case information

Docket number: 
4A_540/2013
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
January 27, 2014

The case involved an ICC arbitration in Geneva in which a three-member arbitral tribunal (Chairman Ibrahim Fadlallah with arbitrators Jean Marie Vuillemin and Mohammed el Mernissi) issued an award on September 12, 2013, essentially ordering a Moroccan company to pay the balance of the purchase price of a mill delivered by a Spanish company along with various services.

 

Case information

Docket number: 
4A_509/2013
Original language: 
French
Published: 
32 ASA Bull 809 (2014)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
January 13, 2014

Case information

Docket number: 
4F_2/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
November 13, 2013

The case involved a dispute concerning a consultancy agreement by which a company undertook to provide services to ensure that a football player would remain with the club for which he was playing. The arbitration clause in the consultancy agreement provided for jurisdiction of the Court of Arbitration for Sport (CAS), before a panel of three arbitrators.

 

Case information

Docket number: 
4A_282/2013
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
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: 
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: 
October 7, 2008

The case Federaciòn Española de Bolos ("FEB") v. Fédération Internationale des Quilleurs ("FIQ") and Federaciò Catalana de Bitllesi BowlingFederaciò Catalana de Bitllesi Bowling ("FCBB") involved an application made by FCBB to be admitted as a member of FIQ, whilst the FEB, as the Spanish Federation, was already a member of FIQ.

Case information

Docket number: 
4A_258/2008
Original language: 
French
Published: 
27 ASA Bull 137 (2009)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
December 22, 2008

The case involved the Court of Arbitration for Sport (“CAS”) trying to deal with an application to the UEFA by Gibraltar. After a first CAS decision of October 22, 2003 pursuant to which the UEFA was ordered to decide on Gibraltar’s application, membership was denied by the UEFA Executive Committee and a new appeal was made to the CAS. On July 6, 2006 the CAS ordered UEFA to admit Gibraltar provisionally and to put the matter on the agenda of its next Congress, which again denied membership.

Case information

Docket number: 
4A_392/2008
Original language: 
French
Published: 
27 ASA Bull 547 (2009)
also see 3 SwissIntArbRep 1 (2009)
Parties
Counsel
PDF version of the translation: 
Chairman: 
April 12, 2010

The decision of the Federal Tribunal of April 12, 2010 relates the matter of Yücel KOP v. International Association of Athletics Federations (IAAF) and Turkish Athletic Federation (TAF).

As sport arbitration cases go, this one is quite interesting because it raises some delicate issues, which the Federal Tribunal disposed of without perhaps reviewing them as far in depth as it could have.

Case information

Docket number: 
4A_624/2009
Original language: 
French
Published: 
29 ASA Bull 159 (2011)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
January 4, 2012

This judgment, dated January 4, 2012 and the first decision issued in 2012, is quite interesting and deserves reading.

It involved a Tunisian businessman who entered into certain agreements with some foreign companies. The agreements contained an opting out of appeals worded as follows:

“The decision of the arbitration shall be final and binding and neither Party shall have any right to appeal such decision to any court of law”.

Case information

Docket number: 
4A_238/2011
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
January 23, 2012

On January 23, 2012, the Federal Tribunal issued two opinions in two parallel cases (4A_526/2011 and 4A_528/2011). The opinions are of moderate interest and since they are almost identical and contain no material differences, It is suggested that whoever is interested in this case should read only the opinion in docket 4A_526/2011.

Case information

Docket number: 
4A_526/2011
Original language: 
German
Parties
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 

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