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)
October 21, 2009

Under Swiss law, a judgment of the Federal Tribunal - or of any other court - can be the object of a request that it should be clarified or rectified whenever its holding is unclear, incomplete or ambiguous.

Case information

Docket number: 
4G_2/2009
Original language: 
German
Published: 
28 ASA Bull 668 (2010)
also see 3 SwissIntArbRep 483 (2009)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
April 13, 2010

The decision of the Swiss Federal Tribunal of April 13, 2010 is truly a historical decision because for the first time since PILA came into force in 1989, the Federal Tribunal has set aside an international arbitral award for a violation of public policy.

Case information

Docket number: 
4A_490/2009
Original language: 
German
Published: 
28 ASA Bull 511 (2010)
136 BGE III 345 (2010)
Parties
Counsel
PDF version of the translation: 
Chairman: 
January 3, 2011

This decision of the Swiss Supreme Court of January 3, 2011 is the second in the case of the well-known Spanish cyclist Alejandro Valverde Belmonte.

 

As you may remember, the first decision of the Swiss Supreme Court, dated October 29, 2010 may be found here (4A_234/2010)

 

January 3, 2011

This decision of the Swiss Supreme Court is the third in the matter of the Spanish cyclist Alejandro Valverde Belmonte.

 

There was a first decision dated October 29, 2010 (4A_234/2010). The first Belmonte decision was quite interesting because it raised the issue of the degree of independence and impartiality expected from a party-appointed arbitrator.

 

Case information

Docket number: 
4A_420/2010
Original language: 
French
Published: 
29 ASA Bull 712 (2011)
Parties
Counsel
PDF version of the translation: 
May 27, 2014

The case involved the construction of a bridge across a European river. In 2004, a contract, governed by the law of the country in which the bridge was to be built, was entered into for a number of pillars and the relative superstructures. The contract contained an ICC arbitration clause. Unbeknownst to the contractor, another contract was also signed in 2004, awarding the works to a different company.

Case information

Docket number: 
4A_508/2013
Original language: 
French
Published: 
33 ASA Bull 865 (2015), 140 III 278
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
May 29, 2015

A 2008 Business Combination Agreement between two law firms was governed by German law and provided for arbitration in Zürich under the ICC rules. A first dispute arose in 2010, which led to an arbitral proceeding conducted in Frankfurt and not in Zürich, pursuant to an agreement of the parties. The claim concerned some amounts allegedly due under the Business Combination Agreement but it was rejected in a first award in 2011.

 

Case information

Docket number: 
4A_633/2014
Original language: 
German
Published: 
ATF 141 III 229, Bull. ASA 2015, p. 599
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
December 12, 2019

These two decisions, 4A_244/2019 and 4A_246/2019, concern the final awards in two arbitrations under the UNCITRAL Rules before the same PCA Arbitral Tribunal (Gabrielle Kaufmann-Kohler as Chair, with Brigitte Stern and Daniel Price as co-arbitrators), with its seat in Geneva.

Case information

Docket number: 
4A_246/2019
Original language: 
German
Parties
Counsel
PDF version of the translation: 
December 12, 2019

These two decisions, 4A_244/2019 and 4A_246/2019, concern the final awards in two arbitrations under the UNCITRAL Rules before the same PCA Arbitral Tribunal (Gabrielle Kaufmann-Kohler as Chair, with Brigitte Stern and Daniel Price as co-arbitrators), with its seat in Geneva.

 

Case information

Docket number: 
4A_244/2019
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
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: 
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: 
September 4, 2019

This decision will be of interest principally to CAS arbitration practitioners. 

 

Case information

Docket number: 
4A_272/2019
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.