Swiss Arbitration Decisions

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Found 24 result(s)
December 5, 2008

The opinion is quite interesting, as you will see. For one thing, the appeal was granted in part, which does not happen very often and caused it to be reported on the web site of the Global Arbitration Review on April 22nd (see enclosed article). The case involved whether or not a sole arbitrator sitting in Switzerland had jurisdiction on three parties not having formally signed the arbitration clause, in view of an other closely related contract signed the same day.

Case information

Docket number: 
4A_376/2008
Original language: 
Italian
Published: 
27 ASA Bull 745 (2009)
also see 3 SwissIntArbRep 157 (2009)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
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: 
July 28, 2009

Case information

Docket number: 
4A_218/2009
Original language: 
Italian
March 8, 2010

Case information

Docket number: 
4A_102/2009
Original language: 
Italian
March 10, 2010

This opinion of the Federal Tribunal of March 10, 2010, is related to sport arbitration, which nowadays tends to become the main “provider” of appeals to the Swiss Federal Tribunal. This is due to the fact that the Court of Arbitration for Sport (CAS) is based in Lausanne (Switzerland). Also, there are numerous sport arbitrations, some of which inevitably find their way to the Federal Tribunal, including some cases in which it is clear that an appeal should not have been filed at all.

Case information

Docket number: 
4A_4/2010
Original language: 
Italian
Published: 
28 ASA Bull 848 (2010)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
August 23, 2010

Case information

Docket number: 
4A_126/2010
Original language: 
Italian
October 18, 2011

The case involves a 2006 contract between an English company and a Canadian resident, acting as trustee for a trust that owned the shares of a company, sold the shares to the buyer. Simultaneously, an employment contract was entered into between the company owned by the trust, which was based in the United Arab Emirates and an Italian resident with a view to his future employment as a managing director.

Case information

Docket number: 
4A_214/2011
Original language: 
Italian
Published: 
30 ASA Bull 677 (2012)
Parties
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
January 30, 2012

Case information

Docket number: 
4A_466/2011
Original language: 
Italian
August 21, 2012

The opinion which is of very little interest involved arbitral proceedings with regard to a sponsorship contract for a cycling team. In a July 25, 2011 award, an ad hoc arbitral tribunal found that the sponsor was not entitled to terminate the sponsorship agreement it had with a Spanish company managing the cycling team.

Case information

Docket number: 
4A_750/2011
Original language: 
Italian
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
January 10, 2013

Case information

Docket number: 
4A_214/2012
Original language: 
Italian
December 10, 2012

The case concerns a dispute relating to the transfer of an Italian football player. The single judge of the FIFA Player’s Status Committee ordered the payment of € 1’700’000 and rejected a claim for damages based on the violation of a confidentiality clause.

 

Case information

Docket number: 
4A_635/2012
Original language: 
Italian
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
January 30, 2013

The case involved a contract in which three parties agreed to make their respective contributions with a view to acquiring a large number of shares in a company. One of the parties failed to make its contribution and the contract contained an arbitration clause providing for arbitration in Lugano under the Swiss Rules of International Arbitration.

 

Case information

Docket number: 
4A_335/2012
Original language: 
Italian
Published: 
32 ASA Bull 570 (2014)
Parties
Appellant: 
Respondent: 
Counsel
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: 
October 29, 2013

The case involved three license agreements for TV rights, entered into in 2009 and 2010. The licensors started arbitration proceedings in the Court of Arbitration for Sport (CAS) and on December 20, 2012, the CAS Panel consisting of Hans Nater as sole arbitrator rejected the claim while partially upholding a counterclaim by the licensee.

 

The licensors appealed to the Federal Tribunal and the following points are of some interest in the opinion:

Case information

Docket number: 
4A_93/2013
Original language: 
Italian
Published: 
32 ASA Bull 351 (2014)
Parties
Respondent: 
Counsel
PDF version of the translation: 
March 5, 2014

Case information

Docket number: 
4A_563/2013
Original language: 
Italian
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 

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