Swiss Arbitration Decisions

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Found 165 result(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: 
March 13, 2008

Case information

Docket number: 
4A_376/2007
Original language: 
German
March 14, 2008

The case involved a petition to the Federal Tribunal for the revision of an international award issued by Swiss arbitrator Martin Bernet in Zurich on February 23, 2007. As you know, Swiss case law has determined that the revision of international awards falls within the jurisdiction of the Federal Tribunal. The case is interesting because after the award was issued, the petitioner discovered in its own archives a number of documents, which could have established that bribery had taken place.

Case information

Docket number: 
4A_42/2008
Original language: 
German
Published: 
2 SwissIntArbRep 153 (2008)
134 BGE III 286 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
February 29, 2008

The case involved an appeal against an award issued in Zurich on September 28, 2008. The Arbitral tribunal (Pierre A. Karrer, Daniel Girsberger and Daniel Wehrli, chairman) denied jurisdiction in part and this was the main object of the appeal. The Court confirmed that an award denying jurisdiction in part is final to that extent, whilst the same award, to the extent that it accepted jurisdiction in part, is an interlocutory award.

Case information

Docket number: 
4A_452/2007
Original language: 
German
Published: 
26 ASA Bull 765 (2008)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
April 4, 2008

The case involved a request for revision of an arbitral award issued on August 7, 2007 by the Court of Arbitration for Sport ("CAS") with three arbitrators sitting, Luigi Fumagalli, Jose Juan Pintó Sala and Chairman Jan Paulsson. The award was not appealed but some months later an application was made for revision, supposedly because one of the arbitrators was not independent.

Case information

Docket number: 
4A_528/2007
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
Chairman: 
March 25, 2008

Case information

Docket number: 
4D_28/2008
Original language: 
German
April 11, 2008

Case information

Docket number: 
4A_14/2008
Original language: 
German
May 9, 2008

Case information

Docket number: 
4A_126/2008
Original language: 
German
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: 
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 4, 2008

Case information

Docket number: 
4A_288/2008
Original language: 
German
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 10, 2008

The decision is quite interesting as the case involved work on a plant in Turkey, for which, among other things a bank guarantee had been issued. The parties fell out, attempts were made at calling the guarantee and an ICC arbitration ensued. The Arbitral Tribunal (Dr. Daniel Busse, Dr. Gert Thoenen and Dr. Philipp Habegger as chairman) issued a partial award on April 9, 2008.

Case information

Docket number: 
4A_224/2008
Original language: 
German
Published: 
27 ASA Bull 290 (2009)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
January 9, 2009

Dodô v. Fédération Internationale de Football Association (FIFA) and World Anti-Doping Agency (WADA), to which Hansjörg Stutzer referred in his criticism of the Busch decision, involved the Brazilian player Ricardo Dodô . He tested positive after a random doping check in June 2007 and was suspended for 120 days by the Brazilian Football Confederation (CBF).

Case information

Docket number: 
4A_460/2008
Original language: 
German
Published: 
27 ASA Bull 540 (2009)
also see 3 SwissIntArbRep 41 (2009)
Parties
Counsel
PDF version of the translation: 
Chairman: 
February 2, 2009

Case information

Docket number: 
4A_538/2008
Original language: 
German

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