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This Website is operated jointly by  Dr. Charles Poncet and Dr. Despina Mavromati. The site features 299 translations of the opinions of the Swiss Supreme Court (Federal Tribunal ) in international arbitration since 2008. The originals are in French, German or Italian. Readers may download and use the translations as they wish at no charge. They are made available as a service to the international arbitration community.

 

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State not bound by arbitration clause signed by a state-owned entity
September 24, 2019

A._______ was a joint venture formed under Turkish law by B.________ (holding a 67% interest) and C.________ (holding a 33% interest). D.________, was an independent entity organised under Libyan law and formed by an Act intended to further a large infrastructure project intended to bring fresh water from the south of the country to the more populous north.

Case information

Docket number: 
4A_636/2018
Original language: 
German
Parties
Appellant: 
A.__ Joint Venture
B.__ A.S.
C.__ A.S.
Respondent: 
D.__
State of Libya
Counsel
Appellant: 
Hochstrasser Daniel
Jung Julia
Respondent: 
Roe Mark
Pinsent Masons LLP
Bärtsch Philippe
Nessi Sebastiano
Cremades Anne-Carole
Trabaldo-de Mestral Elena
PDF version of the translation: 
PDF icon SIAD - 4A_636-2018 of 24 September 2019.pdf
Chairman: 
Kirby Jennifer
Arbitrator (s): 
Born Gary
Ramsey Vivian

Our team

  • Charles PONCET

    Dr Charles PONCET is a well-known practitioner of arbitration in which he has been active for more than 25 years. Dr PONCET provides the translations on this site. A former Member of the Swiss Parliament he retired from CMS von Erlach Poncet at the end of 2016 and practices arbitration in Geneva.

  • Despina MAVROMATI

    Dr Despina MAVROMATI is a sports arbitration practitioner with many years of experience in the field. A former Managing Counsel at the Court of Arbitration for Sport (CAS),  she is the founder of a Lausanne-based sports arbitration practice (SportLegis) and a Faculty member of the University of Lausanne. Dr MAVROMATI provides the translations of the Federal Tribunal decisions related to CAS.

  • Celian HIRSCH

    Célian Hirsch is currently working as a Junior Associate at CMS von Erlach Poncet in Geneva. He holds a Bachelor of Law (magna cum laude) from the University of Fribourg and a Master of Law (magna cum laude) from the University of Zurich. He is also one of the founders of LawInside.ch. He’s currently in charge of the case list and the table of contents.

  • Justine ELAMATHA

    A graduate of the University of Cambridge presently teaching in Dubai, Justine Elamatha has a command of French and German that enables her to put together the texts of the translations on the basis of dictated files.

  • Luisa MOCKLER

    Luisa Mockler holds a BA and LLB from the University of Sydney and an LLM from the MIDS program devised and administered by the IHEID and the University of Geneva. Luisa edits and verifies the text of the translations.