Swiss Arbitration Decisions

Use double-quotes to match a sentence or a date. Format dates as follows: "month dd, yyyy". (eg.: "february 23, 2007")
Found 13 result(s)
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
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
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: 
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): 
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: 
July 8, 2009

In 2007, a swimmer tested positive to an illegal substance during the World Military Swimming Championship in Hyderabad (India). Disciplinary proceedings followed and the World Anti-Doping Agency (“WADA”) appealed to the Court of Arbitration for Sport (“CAS”), which ordered results made by the swimmer between October 2007 and August 2008 cancelled. He was also disqualified for two years from February 6, 2008.

Case information

Docket number: 
4A_10/2009
Original language: 
Italian
Published: 
3 SwissIntArbRep 305 (2009)
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
February 10, 2010

The decision of February 10, 2010 again originated from sport arbitration and as you will see from the text of the opinion, the Swiss Federal Tribunal took the somewhat unusual step of actually mentioning the names of the parties in the decision published on the website of the Federal Tribunal.

Case information

Docket number: 
4A_612/2009
Original language: 
German
Published: 
28 ASA Bull 612 (2010)
Parties
Counsel
PDF version of the translation: 
Chairman: 
February 17, 2010

The matter is frankly of very limited interested. The case – again in the field of sports arbitration – involved a Romanian athlete who was sanctioned for violating anti-doping rules. An appeal was made, apparently not through counsel. The appeal was late and insufficiently argued in any event.

Case information

Docket number: 
4A_628/2009
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 
July 29, 2010

The case involved a Norwegian equestrian whose horse had tested positive for Capsaicin during the 2008 Olympic Games in China. A tribunal of the Fédération Equestre Internationale (FEI) found against the equestrian, disqualified him and the horse from the Olympic Games in Beijing and deprived him of all medals and prizes. The equestrian was also fined and banned for four and a half months.

Case information

Docket number: 
4A_43/2010
Original language: 
German
Published: 
28 ASA Bull 837 (2010)
Parties
Counsel
PDF version of the translation: 
April 11, 2011

Luis Fernandez, the well-known French football coach was hired by a football club in Qatar in 2005 but he terminated his employment with that Club a few months later. He agreed to pay an amount of EUR 400,000 to the Qatari Club as a consequence of the termination. He did so in January 2006, upon his representative being given by fax the name of a Curacao company and a bank account in Geneva. The payment was apparently made by a Seychelles company on behalf of the coach.

 

Case information

Docket number: 
4A_604/2010
Original language: 
French
Published: 
31 ASABull 89 (2013)
Parties
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 
May 31, 2012

From materials available on the internet, this decision date May 31st, 2012, appears to involve the Honduran football player David Suazo. Suazo originally played for a Honduran club, Deportivo Olimpia. In 1999 he was transferred to the Italian club Cagliari pursuant to a June 1st, 1999 contract, which reserved the right of Deportivo Olimpia to obtain additional payments should the player be transferred to another club.

Case information

Docket number: 
4A_682/2011
Original language: 
German
Published: 
32 Asa Bull 137 (2014)
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 
February 15, 2010

A Turkish company and a Romanian company contracted for the sale of metal bars. A dispute arose and the contract was terminated. At the end of 2008, the Turkish company initiated arbitration proceedings in Geneva in front of a sole arbitrator appointed by the Geneva Chamber of Commerce and Industry. The arbitrator issued an award on August 27, 2009, essentially upholding the claim. The Romanian company appealed to the Federal Tribunal.

Case information

Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
May 3, 2013

The case involved a contract between a Luxembourg and a Cyprus company for consulting work. An arbitration clause in the contract provided for arbitration in Lugano and a claim was made.

 

In an award of December 27, 2012, the ad hoc Arbitral Tribunal composed of Michele Patocchi P, Francesco Wicki and Pietro Moggi issued an award rejecting a jurisdictional defense and  ordering payment.

 

Case information

Docket number: 
4A_41/2013
Original language: 
Italian
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
January 11, 2017

The case involved the sale of certain goods between two companies in Turkey and Hong-Kong. A Swiss Chambers Arbitration was initiated and the sole arbitrator – a Geneva lawyer whose identity the Respondent’s counsel considers confidential – rejected the claim in an award issued on February 25, 2016.

Case information

Docket number: 
4A_188/2016
Original language: 
French
Published: 
35 ASA Bull 162 (2017)
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: