Swiss Arbitration Decisions

Use double-quotes to match a sentence or a date. Format dates as follows: "month dd, yyyy". (eg.: "february 23, 2007")
Found 26 result(s)
June 29, 2017

The case involved Michel Platini, UEFA President until 2016, who filed an appeal against a CAS award (chairman Luigi Fumagalli with arbitrators Jan Paulsson and Bernard Hanotiau) partially upholding the decision of the FIFA Appeal Committee, and banning him from any football-related activities for four years.

Case information

Docket number: 
4A_600/2016
Original language: 
French
Parties
Counsel
PDF version of the translation: 
July 25, 2017

The Appellant, Alexei Lovchev, is an Russian weightlifter at the international level, who participated in the 2015 Weightlifting World Championship in Houston, USA, as a member of the Russian team. He won the gold medal and set two world records. In November 2015, the Appellant underwent a doping control that resulted in an Adverse Analytical Finding, (AAF) and showed the presence of the prohibited substance Ipamorelin in the Appellant’s sample in an extremely low concentration of 0.1 ng/ml.

Case information

Docket number: 
4A_80/2017
Original language: 
German
Parties
Counsel
PDF version of the translation: 
January 26, 2017

On June 4, 2009, the Argentinian professional football player Z.________ and the Italian Club X.________ concluded a five-year employment contract. The player terminated the contract for cause on July 1, 2013, and shortly afterwards he concluded another employment contract with the Argentinean football Club Y.________.

Case information

Docket number: 
4A_716/2016
Original language: 
French
Parties
Counsel
PDF version of the translation: 
January 18, 2017

The case involved a Share Purchase Agreement, between a company in Belize and another governed by Jordanian law, providing for LCIA arbitration in Zurich. The contract contained a clause waving any appeal against the arbitral award.

 

Case information

Docket number: 
4A_500/2015
Original language: 
French
Published: 
35 ASA Bull 959 (2017), ATF 143 III 55
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
November 23, 2017

The investor argued that per se  the 1954 Convention would not prevent a state – as opposed to a private claimant or even a state entity – from being ordered to provide security for costs. Judge Kiss disagreed in a fairly detailed and convincing decision.

Case information

Docket number: 
4A_396/2017
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
November 27, 2017

This was a Civil law appeal against an award rendered by the Court of Arbitration for Sport (CAS) on April 19, 2017, where the professional football club X (the Club) was ordered to pay to the player’s Intermediary A (the Intermediary) the outstanding amount of a commission of EUR 2'700'000, plus interest, according to the contract concluded on August 23, 2013.

Case information

Docket number: 
4A_312/2017
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
March 6, 2017

The case involved two Lybian companies and a construction dispute. There were two successive contracts with different jurisdiction clauses. A dispute arose and ICC arbitration proceedings were initiated in Zürich under the first contract (a FIDIC contract). When confronted with a jurisdictional defense raised in the arbitration, the Arbitral Tribunal (Chairman Anis F.Kassim, with arbitrators Loukas Mistelis and Mohmmed Ibrahim Werfalli) upheld its jurisdiction.

 

Case information

Docket number: 
4A_490/2016
Original language: 
German
Published: 
35 ASA Bull 428 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
February 9, 2017

The case involved the termination of an employment contract between a professional football player X (the Player) and the club A without cause (alongside clubs B. and C). The FIFA DRC Decision found that the Player and club C. were jointly and severally liable for the payment to A. of EUR 3'100'000, including interest, as compensation for termination of the contract without cause, in accordance with Art. 17(1) of the Regulations on the Status and Transfer of Players (RSTP).

Case information

Docket number: 
4A_690/2016
Original language: 
French
Published: 
35 ASA Bull 670 (2017)
Parties
Counsel
PDF version of the translation: 
Chairman: 
July 11, 2017

The case involved two contracts for consulting services relating to the preparation and submission of tenders in the railway sector. The consultants were partially paid, but payments were stopped when, according to the tendering companies, insufficient proof of work was supplied and concerns arose that continuing to pay the consultants would risk criminal sanctions.

 

Case information

Docket number: 
4A_50/2017
Original language: 
French
Published: 
36 ASA Bull 714 (2018)
Parties
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: 
February 7, 2017

In a dispute between a Tunisian company and a company based in Germany (“Defendant 1”) along with its Tunisian subsidiary (“Defendant 2”) over unpaid invoices, the sole Arbitrator (Raphaëlle Favre Schnyder) found Defendant 1 liable and ordered it to pay the Claimant compensation. She dismissed all the claims against Defendant 2. Defendant 1 appealed the decision to the Federal Tribunal, arguing that the Arbitrator had violated its right to be heard.

 

Case information

Docket number: 
4A_478/2016
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
December 14, 2017

This is the well known case of Horthel Systems BV v. Poland, initiated under the 1992 Netherlands-Poland BIT. Horthel sought damages on the basis of articles 3(1) (Fair and equitable treatment) and 5 (Deprivation of investment without compensation and discrimination). At issue was the (modified) tax regime applied by the host state.

Case information

Docket number: 
4A_157/2017
Original language: 
French
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
January 24, 2017

The case involved a purchase agreement for a packing machine governed by Swiss law, containing a somewhat pathological arbitration clause providing for arbitration by “the International Chamber of Commerce of Geneva”,  yet under ICC Rules.

 
Arbitration was initiated by the Purchaser in 2014. The Respondent raised a jurisdictional defense in addition to its submissions on the merits.

Case information

Docket number: 
4A_672/2016
Original language: 
German
Published: 
36 ASA Bull 145 (2018)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
October 23, 2017

In an appeal filed by the World Anti-Doping Agency (WADA) to the Court of Arbitration for Sport (CAS) against an “Agreement” concluded between the professional squash Player X.________ and the World Squash Federation (WSF). According to the Agreement, the Player X.________ admitted having violated the anti-doping rules, accepting, among other penalties, a one-year suspension.

Case information

Docket number: 
4A_424/2017
Original language: 
French
Parties
Counsel
PDF version of the translation: 
April 25, 2017

While the arbitration itself was born from a fascinating tripartite contract dispute with its roots inthe political upheaval following the so-called “Arab Spring,” the Federal Tribunal’s decision is of average interest only, as the Court was, once again, inclined to reiterate its narrow scope of review on the “right to be heard” (due process) in international arbitration.

Case information

Docket number: 
4A_34/2016
Original language: 
French
Published: 
36 ASA Bull 996 (2018)
Parties
Counsel
PDF version of the translation: 

Pages