Swiss Arbitration Decisions

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Found 107 result(s)
March 8, 2006

1. The judgment issued by the Supreme Court of Switzerland (“Federal Tribunal”) on March 8, 2006 in the case of Tensacciai S.P.A v. Freyssinet Terra Armata S.R.L will be the object of praise and criticism for a long time. The original decision is in French.

Case information

Docket number: 
4P.278/2005
Original language: 
French
Published: 
24 ASA Bull 550 (2006)
132 ATF III 389 (2006)
Parties
Counsel
PDF version of the translation: 
February 21, 2008

This decision dated February 21, 2008 came on line in late March.  In view of its interest it has already been the object of a short comment (in French) by Laurent Hirsch in the discussion group  arbitrage-adr@yahoogroupes.fr. Laurent's comment was mailed on April 10.

Case information

Docket number: 
4A_370/2007
Original language: 
French
Published: 
2 SwissIntArbRep 89 (2008)
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
June 20, 2008

This decision of June 20, 2008 was an appeal against a decision of the Court of Arbitration for Sports of December 4, 2007. The case involved clubs in Argentina and Spain. A well known player was transferred for a large amount of money and a claim was made for a solidarity contribution based on FIFA Regulations. The FIFA Dispute Resolution Chamber rejected the claim and the Court of Arbitration for Sports upheld the decision.

Case information

Docket number: 
4A_18/2008
Original language: 
German
Published: 
2 SwissIntArbRep 269 (2008)
Parties
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Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
August 21, 2008

The case is nothing to write home about but it still diserves a quick perusal. It involved an ICC arbitration in Bern with Prof. Wolfgang Wiegandt as chairman, dealing with a 1986 Joint Venture Agreement ("JVA") between two companies in Italy and Bosnia-Herzegovina. The case was stayed due to the political situation for quite a while, then a partial award was issued determining, among other things, that Swiss law applied to the JVA.

Case information

Docket number: 
4A_194/2008
Original language: 
German
Published: 
26 ASA Bull 793 (2008)
also see 2 SwissIntArbRep 283 (2008)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
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 7, 2008

The case Federaciòn Española de Bolos ("FEB") v. Fédération Internationale des Quilleurs ("FIQ") and Federaciò Catalana de Bitllesi BowlingFederaciò Catalana de Bitllesi Bowling ("FCBB") involved an application made by FCBB to be admitted as a member of FIQ, whilst the FEB, as the Spanish Federation, was already a member of FIQ.

Case information

Docket number: 
4A_258/2008
Original language: 
French
Published: 
27 ASA Bull 137 (2009)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
January 22, 2009

This decision of the Swiss Federal Tribunal of January 22, 2009 involves sport arbitration and put an end to a dispute involving field hockey.

In April 2008 a qualifier competition for the Olympic Games was held in Baku, Azerbaijan. The Spanish and the Azerbaijan feminine teams played in the final and the Spanish team won. Anti-doping tests were conducted with two players of the Spanish team apparently showing positive results.

Case information

Docket number: 
4A_424/2008
Original language: 
French
Published: 
29 ASA Bull 178 (2011)
also see 3 SwissIntArbRep 57 (2009)
Parties
Counsel
PDF version of the translation: 
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): 
February 20, 2009

The decision is quite an unusual one as the case involves the late payment of a deposit to the Court of Arbitration for Sport (“CAS”) and whilst I can think of several cases – of no great scholarly interest incidentally – where a payment was made too late to the Federal Tribunal, I suspect this is the only one involving late payment to an arbitral institution.

Case information

Docket number: 
4A_600/2008
Original language: 
French
Published: 
27 ASA Bull 568 (2009)
also see 3 SwissIntArbRep 91 (2009)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
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: 
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: 
November 24, 2009

The case involved a well-known German jump rider whose horse tested positive for Capsaicin during the riding competitions of the 2008 Summer Olympics in Hong-Kong. Capsaicin is an irritant, which produces a burning sensation on any tissue and it is basically the active component of chilli peppers. The rider was suspended on August 22, 2008 and he explained that the horse had been suffering from chronical back pains for a while, thus justifying the use of an ointment containing Capsaicin.

Case information

Docket number: 
4A_284/2009
Original language: 
German
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
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 6, 2010

A football club (Le Sportif de Toluca Football Clubs SA) and a player (Christian Gimenez) entered into an employment contract on August 1st, 2007. The contract was terminated in the summer of 2008 and the player sued. The national federation involved partially granted the player’s claim for lost salary and in an award of April 24, 2009 the CAS, to which both parties had appealed, ordered the club to pay a substantial amount.

Case information

Docket number: 
4A_260/2009
Original language: 
French
Published: 
28 ASA Bull 272 (2010)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
January 11, 2010

The Swiss Supreme Court issued on January 11, 2010 two opinions (4A_256/2009 and 4A_258/2009) regarding appeals with very similar and involved only one context of facts. The opinions are accordingly almost identical and one need not read both of them as one will be sufficient.

Case information

Docket number: 
4A_258/2009
Original language: 
German
Published: 
28 ASA Bull 540 (2010)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
Arbitrator (s): 

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