Swiss Arbitration Decisions

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Found 15 result(s)
April 30, 2020

This Federal Tribunal judgment comes in the aftermath of the longstanding legal battle between Kuwait Motor Sports Club (the Appellant) and the International Motorcycling Federation (“FIM,” the Respondent), in order for the Appellant to become an “affiliate” member of the International Motorcycling Federation (FIM) for the country of Kuwait.

Case information

Docket number: 
4A_543/2019
Original language: 
French
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
March 16, 2020

This case concerns a dispute between a football club (the Appellant) and an Agent for the payment of a sum based on an agency contract for the employment contract and future transfers of a young player. The contract had two main clauses, one providing for the remuneration of the Agent for (1) the contracts of employment between the Appellant and the player, and (2) a financial contribution in the event of a future transfer of the Player to a third club.

 

Case information

Docket number: 
4A_536/2018
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
April 29, 2020

This dispute arose between a national football federation, two players (the Appellants) and the African Football Confederation (CAF, Respondent) over the African Cup of Nations U17 (CAN U17), an African football tournament organized at the continental level for players under 17, whose first and second teams qualify for the FIFA U-17 World Cup.

 

Case information

Docket number: 
4A_548/2019
Original language: 
French
Parties
Counsel
April 29, 2020

This dispute arose between a national football federation, two players (the Appellants) and the African Football Confederation (CAF, Respondent) over the African Cup of Nations U17 (CAN U17), an African football tournament organized at the continental level for players under 17, whose first and second teams qualify for the FIFA U-17 World Cup.

 

Case information

Docket number: 
4A_550/2019
Original language: 
French
Parties
Counsel
July 29, 2020

The underlying dispute arose between the Union of European Football Associations (UEFA) and one of its members, the Albanian professional football club KS Skënderbeu (“the Club”). Based on UEFA’s betting fraud detection system, UEFA had initially denied the Club’s admission to the 2016/2017 season of the Champions League. In its Award rendered in 2016 (CAS 2016/A/4650), a Court of Arbitration for Sport (CAS) Panel upheld the decision of the UEFA Appeals Body.

 

Case information

Docket number: 
4A_462/2019
Original language: 
French
Parties
Counsel
PDF version of the translation: 
December 22, 2020

Chinese elite swimmer Sun Yang has managed to draw the attention of sports arbitration practitioners in recent years: after the first CAS public hearing following the ECtHR Pechstein judgment and several motions filed with the Swiss Federal Tribunal during the CAS proceedings, this important judgment constitutes the first in the history of the CAS where the Federal Tribunal has annulled a CAS award for bias of its Panel Chair, Mr.

Case information

Docket number: 
4A_318/2020
Original language: 
French
Parties
Counsel
PDF version of the translation: 
March 25, 2020

This is a translation of considerable interest, as it marks the first time the Federal Tribunal has annulled an award in an investment arbitration. 

 

A.________ is a Spanish company incorporated by its parent, C.________, in 2011. At its incorporation, C.________ made a contribution of all of the shares C.________ owned in D.________ SA. D.________ was the group’s Venezuelan subsidiary. 

 

Case information

Docket number: 
4A_306/2019
Original language: 
French
Published: 
38 ASA Bull 998 (2020)
Parties
Counsel
PDF version of the translation: 
January 6, 2020

In this overly publicized and quite interesting case, involving the Chinese Swimmer Sun Yang (the Athlete) and the World Anti-Doping Agency (WADA), the Athlete was accused of an antidoping rule violation due to the unsuccessful attempt to take blood and urine samples during an unannounced test carried out at the Athlete’s home in September 2018. Even though the Swimmer was cleared by his federation’s (i.e.

Case information

Docket number: 
4A_287/2019
Original language: 
French
Published: 
38 ASA Bull 212 (2020)
Parties
Counsel
PDF version of the translation: 
January 6, 2020

In 2015, B.________ sent out a bulletin on a competitive bidding procedure for the supply of TFT displays. It contained the proposed contractual terms (the "corporate agreement" or “CA”), the General Terms and Conditions of Purchase (“GTC”), and Quality Assurance Agreement (“QAA”). A.________ was ultimately awarded the contract, and a contract award was signed. While negotiations on certain points of disagreement regarding the CA were ongoing, the parties went ahead and signed the QAA.

Case information

Docket number: 
4A_342/2019
Original language: 
German
Published: 
38 ASA Bull 440 (2020)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
February 7, 2020

In the early 2000s, the X.________ Republic (purportedly, the Czech Republic) put into place a beneficial framework designed to incentivize investment in and utilization of renewable energy. When the framework turned out to be even more successful than it ever forecasted, the Republic began to scale back parts of the program, particularly the parts that related to a feed-in tariff, or FiT. It also introduced a “solar tax”.

Case information

Docket number: 
4A_80/2018
Original language: 
French
Parties
Counsel
PDF version of the translation: 
November 2, 2020

Between 1994 and 2005, a Turkish construction company attempted to have outstanding invoices paid for public works projects it had been involved in on the territory of the state of Libya. In 2012, it received a judgment from a court of first instance in Beida, holding the state liable to pay the invoices, plus interest and damages.

Case information

Docket number: 
4A_461/2019
Original language: 
German
Parties
Counsel
PDF version of the translation: 
November 25, 2020

Pursuant to the Germany–Czech BIT, an investor, A.________, made a request for arbitration under the UNCITRAL Rules. A Chair was selected by the party-appointed arbitrators, and the Arbitral Tribunal was constituted. In February 2020, the Arbitral Tribunal asked the parties to submit certain documents and respond to questions. The Defendant complied but A.________ requested and was granted several extensions and finally supplied documentation in June.

 

Case information

Docket number: 
4A_563/2020
Original language: 
German
Parties
Counsel
Appellant: 
PDF version of the translation: 
April 21, 2020

The parties to this doping-related dispute included a former Russian rower (the Athlete), his international federation, his national antidoping organization, and WADA. Following a CAS award that imposed a four-year suspension on the Athlete, the latter filed a motion to set aside the CAS award for alleged violation of his right to be heard.

 

Case information

Docket number: 
4A_422/2019
Original language: 
French
Parties
Counsel
PDF version of the translation: 
October 1, 2020

A dispute arose between two Indian nationals and the Republic of C.________. An Arbitral Tribunal was constituted in accordance with the UNCITRAL rules, under the auspices of the Permanent Court of Arbitration. Its seat was set in Geneva.

 

Case information

Docket number: 
4A_156/2020
Original language: 
French
Parties
Counsel
PDF version of the translation: 
December 16, 2020

A._________ subcontracted the maritime portion of the construction of a sea terminal to B._________. In the course of the build, A.________ called in bank guarantees, split between USD and local currency (referred to in the anonymized decision as XXX). This forced B.________ to refinance. B.________ then initiated arbitration proceedings under the contract’s arbitration clause on several grounds.

Case information

Docket number: 
4A_244/2020
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: