Swiss Arbitration Decisions

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Found 242 result(s)
May 14, 2001

At issue in the Fomento case was lis pendens and more precisely whether or not international arbitrators sitting in Switzerland had to stay the arbitration when a state court abroad was seized of the matter before the arbitration started. Fomento, a Spanish company, had been retained as a contractor by a Panamian company, Colon Container Terminals (“CCT”) to work on the construction of a port terminal. A dispute arose. Fomento filed a claim against CCT in Panama.

Case information

Docket number: 
4P.37/2001
Original language: 
French
Published: 
19 ASA Bull 555 (2001)
127 ATF III 279 (2001)
Parties
Counsel
PDF version of the translation: 
Chairman: 
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: 
December 10, 2007

The ENUSA decision of the Federal Tribunal, which is the Supreme Court of Switzerland, related to a dispute between a Spanish company and an American company arising from a Marketing Agreement of August 1, 2003. The Marketing Agreement had been concluded between SHS CERAMICAS S.A., a Spanish company, which subsequently assigned its claim to ENUSA Industrias Avanzadas S.A. and LIPO CHEMICALS Inc. of New Jersey.

Case information

Docket number: 
4A_352/2007
Original language: 
French
Published: 
26 ASA Bull 322 (2008)
also see 2 SwissIntArbRep 29 (2008)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
January 9, 2008

The appeal was directed against an ICC award issued by Prof. Wolfgang Wiegand on September 21, 2007. Prof Wiegand, a leading speciallist of international arbitration, was sole arbitrator and the venue of the arbitration was Geneva.

Case information

Docket number: 
4A_450/2007
Original language: 
French
Published: 
2 SwissIntArbRep 15 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
January 22, 2008

The appeal was directed against an ICC award issued by three well known arbitrators, Andreas Reiner (chair), Klaus Sachs and Bernard Hanotiau on October 10, 2007. The venue of the arbitration was Zurich. A previous award had been issued on May 27, 2007 and also appealed. The English version of the opinion of the Federal Tribunal of the same date, January 22, 2008, with regard to the first appeal may also be downloaded from our web site :  4A_244/2007.

Case information

Docket number: 
4A_468_2007
Original language: 
French
Published: 
2 SwissIntArbRep 71 (2008)
134 ATF III 186 (2008)
Parties
Counsel
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
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: 
March 6, 2008

This decision is dated March 6, 2008 and its object was an appeal against an award issued by an Arbitral tribunal composed of three arbitrators, Dr. Cesare Jermini, Chairman, Prof. Sergio Carbone and Mr Charles Poncet. Since I was one of the arbitrators, I would rather not comment the decision, for reasons you will understand.

Case information

Docket number: 
4A_500/2007
Original language: 
French
Published: 
27 ASA Bull 94 (2009). also see 2 SwissIntArbRep 133 (2008)
134 ATF III 260 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
March 20, 2008

The case involved an appeal against an award issued in Lausanne on October 30, 2007. The Arbitral tribunal (Dirk-Reiner Martens, Efraïm Barak and Juan José Pinto, chairman) constituted by the Court of Arbitration for Sport was under attack in the appeal due to an alleged lack of independence.

Case information

Docket number: 
4A_506/2007
Original language: 
French
Published: 
2 SwissIntArbRep 191 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
May 19, 2008

Case information

Docket number: 
4A_196/2008
Original language: 
French
April 2, 2008

Case information

Docket number: 
4A_60/2008
Original language: 
French
June 17, 2008

Case information

Docket number: 
4A_266/2008
Original language: 
French
August 14, 2008

The case involves an attempt at obtaining revision of an award of the Court of Arbitration for Sport (CAS) of April 16, 2008, in which the sole arbitrator rejected a claim for a commission on the transfer of a football player. Revision was sought on the basis of subsequent discovery of an alleged lack of impartiality of the arbitrator (see at 2.2.2).

Case information

Docket number: 
4A_234/2008
Original language: 
French
Published: 
29 ASA Bull 512 (2009)
also see 2 SwissIntArbRep 303 (2008)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
August 19, 2008

The case involved an appeal against a partial award issued on January 31, 2008 by an arbitral tribunal sitting in Geneva, with Sebastien Besson as chairman.

The dispute revolves around an industrial complex in Qatar where a company incorporated in Cyprus undertook to perform certain dredging work. A contract to that effect was signed on November 9, 2002. The contract is governed by Swiss law and it contains an ICC arbitration clause.

Case information

Docket number: 
4A_128/2008
Original language: 
French
Published: 
26 ASA Bull 777 (2008)
134 ATF III 565 (2008)
also see 2 SwissIntArbRep 323 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
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_215/2008
Original language: 
French
Published: 
27 ASA Bull 114 (2009)
also see 2 SwissIntArbRep 361 (2008)
Parties
Respondent: 
Counsel
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: 

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