Swiss Arbitration Decisions

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Found 5 result(s)
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: 
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: 
July 20, 2017

This decision, which addresses jurisdictional issues in one of the Yukos cases, is certainly worth reading, even though, in this writer’s opinion, it is completely wrong and will only add to the regrettable confusion that the case law of the Federal Tribunal has created in the last few years with regard to the admissibility of appeals against international “awards” and the consequence of failing to appeal.

Case information

Docket number: 
4A_98/2017
Original language: 
French
Parties
Appellant: 
Respondent: 
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: 
February 23, 2021

In 1997, A.________ (purportedly, the Kingdom of Spain) established a regime by decree to promote renewable energy sources. Several companies made substantial investments to take advantage of the favorable Feed-in-Tariff in the decree. Starting in 2010, A.________ began to roll back the regime and in 2013, a new regulation replaced it entirely.