Swiss Arbitration Decisions

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Found 137 result(s)
December 10, 2007

The ENUSA decision of the Federal Tribunal, which is the Supreme Court of Switzerland, related to a dispute between a Spanish company and an American company arising from a Marketing Agreement of August 1, 2003. The Marketing Agreement had been concluded between SHS CERAMICAS S.A., a Spanish company, which subsequently assigned its claim to ENUSA Industrias Avanzadas S.A. and LIPO CHEMICALS Inc. of New Jersey.

Case information

Docket number: 
4A_352/2007
Original language: 
French
Published: 
26 ASA Bull 322 (2008)
also see 2 SwissIntArbRep 29 (2008)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
January 9, 2008

The appeal was directed against an ICC award issued by Prof. Wolfgang Wiegand on September 21, 2007. Prof Wiegand, a leading speciallist of international arbitration, was sole arbitrator and the venue of the arbitration was Geneva.

Case information

Docket number: 
4A_450/2007
Original language: 
French
Published: 
2 SwissIntArbRep 15 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
January 22, 2008

The appeal was directed against an ICC award issued by three well known arbitrators, Andreas Reiner (chair), Klaus Sachs and Bernard Hanotiau on October 10, 2007. The venue of the arbitration was Zurich. A previous award had been issued on May 27, 2007 and also appealed. The English version of the opinion of the Federal Tribunal of the same date, January 22, 2008, with regard to the first appeal may also be downloaded from our web site :  4A_244/2007.

Case information

Docket number: 
4A_468_2007
Original language: 
French
Published: 
2 SwissIntArbRep 71 (2008)
134 ATF III 186 (2008)
Parties
Counsel
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
January 22, 2008

Here is a decision of January 22, 2008, which dealt with the somewhat arcane issue of a subsidiary, which was a party to an arbitration clause, but then left the Group of companies involved as a consequence of an MBO. It was argued that by doing so, the former subsidiary would no longer be a party to the arbitration agreement. The argument was rejected (see pages 6 and 7).

Case information

Docket number: 
4A_244/2007
Original language: 
German
Published: 
26 ASA Bull 549 (2008)
also see 2 SwissIntArbRep 45 (2008)
Parties
Counsel
PDF version of the translation: 
Chairman: 
September 23, 2008

The case involved a sports arbitration in Lausanne, in which two Argentinean agents had been entrusted with negotiating the transfer of a player to the Spanish club Real Madrid. The transfer was not completed due to a negative medical report. The agents filed a claim with FIFA for fees, which was rejected. On February 29, 2008, the Court of Arbitration for Sports (“CAS”) upheld the dismissal of the claim. The CAS arbitral tribunal was chaired by Prof. Massimo Coccia with Mr. D.

Case information

Docket number: 
4A_176/2008
Original language: 
German
Published: 
27 ASA Bull 128 (2009)
also see Vol 2 SwissIntArbRep 451 (2008)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
October 28, 2008

The case involved an arbitration in Geneva based on a 2007 contract between a Swiss and a Canadian company. The contract was governed by Swiss law. The arbitration clause provided for arbitration under the aegis of the Geneva Chamber of Commerce and Industry. A sole arbitrator was appointed (Mr. Bernd Ehle, a partner of the Geneva arbitration firm Lalive, see www.lalive.ch) and on May 13, 2008 the arbitrator issued a final award granting monetary damages.

Case information

Docket number: 
4A_294/2008
Original language: 
French
Published: 
2009, ASA Bulletin 144
2 SwissIntArbRep 495 (2008)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
February 9, 2009

The decision is certainly an interesting one. It has already been commented by Antonio Rigozzi (Cahiers de l’Arbitrage  2009 / 2 p. 33) and by  Laurent Hirsch in the arbitration forum arbitrage-adr@yahoogroupes.fr in March 2009. The decision was also discussed by Hansjörg Stutzer in the Thouvenin newsletter at http://www.thouvenin.com/pages_e/frame/05aktuell.html

Case information

Docket number: 
4A_400/2008
Original language: 
French
Published: 
27 ASA Bull 495 (2009)
also see 3 SwissIntArbRep 77 (2009)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
February 19, 2009

The case involved a consortium between an Italian and a Dutch company to build some heat recovery steam generators for two electrical power plants in Egypt. On October 17, 2006, the Italian company, by then in liquidation, claimed some amounts from the other party. The sole arbitrator, Sebastien Besson, sitting in Geneva, granted part of the claim in an award of October 8, 2008 and an appeal to the Federal Tribunal was filed by the Italian company.

Case information

Docket number: 
4A_539/2008
Original language: 
French
Published: 
27 ASA Bull 801 (2009)
also see 3 SwissIntArbRep 115 (2009)
Parties
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
March 17, 2009

On March 17, 2009, the Swiss Federal Tribunal issued an opinion in the matter of the Azerbaijan Wrestling Federation (“AWF”) v. the World Anti-Doping Agency (“WADA”) and the International Federation of Associated Wrestling Styles (“FILA”).

Case information

Docket number: 
4A_416/2008
Original language: 
German
Published: 
28 ASA Bull 367 (2010)
also see 3 SwissIntArbRep 219 (2009)
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
April 8, 2009

The case involved a consulting agreement, which led to arbitration in Zurich. The sole arbitrator (Swiss lawyer Martin Bernet, a highly regarded arbitrator) assumed jurisdiction in 2005 and also held that the consulting agreement was valid in a subsequent award in 2007. New evidence was discovered and a request for revision was filed in 2008. The Federal Tribunal rejected the request for revision on March 14, 2008.

Case information

Docket number: 
4A_69/2009
Original language: 
German
Published: 
28 ASA Bull 124 (2010)
also see 3 SwissIntArbRep 205 (2009)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
June 9, 2009

The case involved a 2005 contract between a Hungarian company (“OAM”) and a Swiss company (“FUCHS”), according to which OAM’s electric steel plant was to be modernized by FUCHS. Various provisions were adopted as to the payment of instalments and also with regard to the acceptance of the work.

Case information

Docket number: 
4A_108/2009
Original language: 
German
Published: 
28 ASA Bull 553 (2010)
also see 3 SwissIntArbRep 281 (2009)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
June 23, 2009

The case will confirm that the Court of Arbitration for Sports (CAS) is likely to remain a very significant source of Swiss jurisprudence on international arbitration for some time. The CAS is based in Lausanne, as you know, and the number of decisions it issues is important.

Case information

Docket number: 
4A_62/2009
Original language: 
German
Published: 
28 ASA Bull 562 (2010)
also see 3 SwissIntArbRep 351 (2009)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
October 13, 2009

The case involved a Russian racing cyclist, Vladimir Gusev and a Belgian Company, Olympus SARL. Olympus hired Gusev for two years on November 15, 2007 and the contract was governed by Swiss law. On July 23rd, 2008, Olympus terminated the contract, alleging that a medical report seriously suggested that the cyclist had taken exogenous EPO.

Case information

Docket number: 
4A_352/2009
Original language: 
French
Published: 
28 ASA Bull 634 (2010), 639
also see 3 SwissIntArbRep 441, 453 (2009)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
December 16, 2009

This opinion of the Federal Tribunal, dated December 16, 2009, relates to an arbitration in Zurich based on a 2001 contract concerning the delivery of hydrofluoric acid.

The contract was governed by Swiss law. Arbitration proceedings were initiated in Zurich in February 2006 and on April 3, 2009 the ICC Arbitral Tribunal issued an award granting part of the claims and rejecting the counterclaim.

Case information

Docket number: 
4A_240/2009
Original language: 
German
Published: 
30 ASA Bull 457 (2011)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
January 29, 2010

The case involved a dispute between a Swiss and a German company with regard to the delivery of a steel bloom. Arbitration was initiated in Geneva and Prof. Ingeborg Schwenzer (University of Basel) was appointed as arbitrator. In an award of October 5, 2009, she upheld a claim for damages and the German company appealed to the Federal Tribunal.

The following items may be of interest in the opinion:

Case information

Docket number: 
4A_550/2009
Original language: 
German
Published: 
30 ASA Bull 808 (2012)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 

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