Swiss Arbitration Decisions

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Found 29 result(s)
January 29, 2015

This opinion raises the same issues as in the judgments of September 23, 2014, in cases 4A_231/2014 and 4A_247/2014.

Case information

Docket number: 
4A_532/2014, 4A_534/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
February 20, 2015

The case involved an arbitral award based on the regulations of the Union Cycliste Internationale (“UCI”), Chapter XII of which contains some provisions for the original copy of the award to be deposited with the Secretariat of the UCI, with a copy sent to the parties.

 

Case information

Docket number: 
4A_609/2014
Original language: 
Italian
Published: 
Bull. ASA 2015, p. 373
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
February 20, 2015

The case involved a request for revision of an arbitral award issued on July 25, 2011. The dispute was about a sponsorship contract between an Italian company and the Spanish company managing a cycling team. The arbitral tribunal (arbitrators Renzo Galfetti and Pietro Moggi with chairman Paolo M. Patocchi) ordered the Italian company to keep paying the amounts in the contract. But it then turned out that one of the members of the cycling team was banned for two years for doping.

 

Case information

Docket number: 
4A_645/2014
Original language: 
Italian
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
February 24, 2015

The case involved the unpleasant incident that took place after a qualifying football match between Croatia and Iceland in November 2013. Croatia won, but a few minutes after the end of the game, a player came back to the field, grabbed a microphone and made some statements which FIFA considered to be in breach of its disciplinary code.

 

Case information

Docket number: 
4A_544/2014
Original language: 
German
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
October 6, 2015

Although the Federal Tribunal did its best to “anonymize” the judgment, it is immediately apparent that it involved the dispute between Eléctricité de France (EDF) International SA and the Republic of Hungary.

 

Case information

Docket number: 
4A_34/2015
Original language: 
French
Published: 
ATF 141 III 495
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
February 25, 2015

The case involved a Share Purchase Agreement (SPA) in a set of complex projects. The 2010 SPA apportioned the costs of future investments in proportion to the shares held by the parties but with an investment cap of EUR 138 million. Beyond that amount, the Seller undertook to pay the difference. The contract was governed by Swiss law and contained an ICC arbitration clause. In June 2011, the purchaser under the 2010 SPA initiated arbitration proceedings against the seller.

Case information

Docket number: 
4A_486/2014
Original language: 
French
Published: 
Bull. ASA 2015, p. 347
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
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: 
March 16, 2015

The case involved a dredging contract between a Russian company and its Luxembourg counterpart, pursuant to which the Luxembourg company undertook to deliver 2 million cubic meters of a mixture of sand and gravel. The contract contained an arbitration clause providing for ICC arbitration in Geneva and was governed by English law.

A dispute arose and, after terminating the contract, the Luxembourg company sought damages.

Case information

Docket number: 
4A_636/2014
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
April 29, 2015

The case involved a dispute between a football club and a player whose employment contract ran between June 2010 and May 2012. However, based on a heart condition known to the club at the outset, the employment relationship was terminated in the spring of 2011.

 

Case information

Docket number: 
4A_70/2015
Original language: 
French
Parties
Appellant: 
Respondent: 
PDF version of the translation: 
May 6, 2015

The case involved a contractual clause by which a club was entitled to obtain an additional amount should a professional football player be transferred in the future.

 

A dispute arose and the single judge of the Players’ Status Committee of FIFA denied the claim in a decision issued in March 2012, which was then appealed to the Court of Arbitration for Sport (CAS).

 

Case information

Docket number: 
4A_426/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
April 15, 2015

The case concerned a contract between a French company and an American (Delaware) company providing for the American company to furnish certain advisory services in connection with major infrastructure projects.

 

The contract was governed by French law and contained an arbitration clause providing for ICC arbitration in Geneva.

 

Case information

Docket number: 
4A_554/2014
Original language: 
French
Published: 
Bull. ASA 2015, p. 406
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
April 30, 2015

The case involved an employment contract between a manager in St. Petersburg (Russian Federation) and a Swiss company. The employment contract was governed by Swiss law and contained an arbitration clause providing for arbitration under the Swiss Rules in Zürich.

 

A dispute arose and arbitrator Michèle Stutz issued a final award in October 2014, partly upholding the manager’s claim for various payments.

 

Case information

Docket number: 
4A_623/2014
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
May 21, 2015

The case involved a general contractor’s agreement between a Swiss and a Luxembourg company for the renovation of an apartment building in Switzerland. The contract was governed by Swiss law and contained an arbitration clause which, interestingly, appointed the architect of the project as sole arbitrator.

 

Case information

Docket number: 
4A_709/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
December 10, 2015

The matter involved an Argentinian player who entered into a contract with two players’ agents in Argentina and then unilaterally terminated the contract.

 

The agents sued in the Court of Arbitration for Sport, which had jurisdiction pursuant to an arbitration clause in the contract. The CAS Panel (chairman José Juan Pinto with arbitrators Riccardo de Buen and Hernan Ferrari) essentially upheld the claim but only awarded EUR 1 million instead of the EUR 3 million claimed.

Case information

Docket number: 
4A_568/2015
Original language: 
German
Published: 
34 ASA Bull 178 (2016)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
May 21, 2015

In a dispute between an Italian football club and an English company based on the acquisition by the English company of the economic rights of an Argentine professional football player, the Court of Arbitration for Sport (CAS) accepted jurisdiction and its Panel (chairman Ricardo de Buen, with arbitrators José Juan Pinto and Massimo Coccia) awarded the English company an amount of EUR 9’400’000, which was then challenged in the Federal Tribunal by way of a Civil law appeal.

 

Case information

Docket number: 
4A_634/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 

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