Swiss Arbitration Decisions

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Found 16 result(s)
January 22, 2018

The dispute, a typical one in the field of professional football, arose from the conclusion of an exclusive agency agreement for the period of two years between Player A (the Appellant) and the former football Agent B (the Respondent), who was licensed by the Argentinean Football Association (AFA). The agency agreement provided for compensation of 10% of the Appellant’s earned income payable to the Respondent.

Case information

Docket number: 
4A_432/2017
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
September 7, 2018

The opinion is extremely interesting and it has been the object of much comment lately. Our team has therefore made sure that an English version would be made available to the arbitration community on a priority basis and we are happy to put it online today.

The case has already been described in an article by Sebastian Perry in The Global Arbitration Review and our friends at Thouvenin also mentioned it in their recent issue. Both are attached for ease of reference.

Case information

Docket number: 
5A_942/2017
Original language: 
German
Parties
Counsel
PDF version of the translation: 
Chairman: 
February 20, 2018

This judgment could be characterized as the “sequel” to the Lazutina judgment that was rendered by the Swiss Federal Tribunal 15 years ago (ATF 129 III 445). It is also interesting for other factual – and not necessarily arbitration-related – reasons. It has already been commented in the Thouvenin newsletter, a copy of which is attached for ease of reference.

Case information

Docket number: 
4A_260/2017
Original language: 
French
Published: 
36 ASA Bull 406 (2018), ATF 144 III 120
Parties
Counsel
PDF version of the translation: 
December 2, 2018

Case information

Docket number: 
4A_214/2016
Original language: 
French
Published: 
35 ASA Bull 169 (2017)
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
June 25, 2018

 The case relates to the termination of an employment contract without just cause between an Egyptian professional football club X.________ and the professional player A.________.

Case information

Docket number: 
4A_502/2017
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
September 19, 2018

Case information

Docket number: 
4A_238/2018
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
August 22, 2018

Case information

Docket number: 
4A_300/2018
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
August 22, 2018

Case information

Docket number: 
4A_298/2018
Original language: 
French
Parties
Appellant: 
Counsel
Respondent: 
May 28, 2018

The dispute initially started between two associations, each wishing to become the sole and legitimate member federation of a country (Kuwait) affiliated to the International Motorcycling Federation (FIM). After numerous requests to the FIM, one party, the KMSC, which was not a FIM member, filed a request to the CAS. The CAS Panel was chaired by Boris Vittoz, with arbitrators Jean-Philippe Rochat and Olivier Carrard.

Case information

Docket number: 
4A_314/2017
Original language: 
French
Published: 
36 ASA Bull 738 (2018)
Parties
Counsel
PDF version of the translation: 
Chairman: 
November 28, 2018

The case involved a dispute between the world football governing body, FIFA, and a Swiss-based ticket-reselling company (A.________) but, interestingly, this is not a CAS award. 

Case information

Docket number: 
4A_338/2018
Original language: 
German
Published: 
37 ASA Bull 716 (2019)
Parties
Counsel
PDF version of the translation: 
October 16, 2018

First, we must note that we are indebted to Mr. John M. Townsend of Hughes Hubbard and Reed LLP, whose own translations, established in another context, were very helpful in the preparation of these translations. 

Case information

Docket number: 
4A_396/2017
Original language: 
German
Published: 
37 ASA Bull 805 (2019)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
October 16, 2018

First, we must note that we are indebted to Mr. John M. Townsend of Hughes Hubbard and Reed LLP, whose own translations, established in another context, were very helpful in the preparation of these translations. 

December 11, 2018

X.________, a German telecommunications company, acquired shares in A.________, an Indian company that was created to implement a government-organized project to build a communications platform in India, made possible by the utilization of satellites to be built and launched by the Indian Space Research Organisation. X.________ acquired the shares through its wholly-owned subsidiary, X.________ Asia Pty Ltd. 

 

Case information

Docket number: 
4A_65/2018
Original language: 
French
Published: 
37 ASA Bull 805 (2019)
Parties
Respondent: 
Counsel
PDF version of the translation: 
April 17, 2018

In this judgment the Federal Tribunal reiterated the strict admissibility conditions in recourses to set aside arbitral awards, and more particularly, the requirement of a legally protected interest (or interest “worthy of protection”). The case involved an appeal against a CAS award rendered shortly before the FIFA World Cup Russia in June 2017, The sole arbitrator was Pierre Müller, a Lausanne judge.

Case information

Docket number: 
4A_426/2017
Original language: 
French
Published: 
38 ASA Bull 764 (2020)
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
November 16, 2018

This case involves the well-known (at least, to all football aficionados) case of the Peruvian football player Paolo Guerrero. He was sanctioned for an anti-doping rule violation with a suspension of 14 months by the CAS, under the rather unusual circumstances of consuming tea with coca leaves. The CAS Award was rendered in appeal against a decision of the FIFA Appeals Committee that had initially suspended the Player for six months (see also CAS 2018/A/5571).

 

Case information

Docket number: 
4A_560/2018
Original language: 
French
Parties
Counsel
PDF version of the translation: 

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