Swiss Arbitration Decisions

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Found 4 result(s)
February 15, 2010

The case involved a 1998 contract between a French group and a Turkish company, subsequently substituted by an agency of the Turkish government, for the supply of a certain number of missiles and firing units. The contract provided for ICC arbitration in Zurich and also for an advanced payment of the purchase price by way of instalments amounting to 55 % of the total price, subject to an obligation to return such amounts in case of breach.

Case information

Docket number: 
4A_464/2009
Original language: 
French
Published: 
28 ASA Bull 282 (2010)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
July 12, 2012

The case involved certain contracts for a paper factory concluded in 2005. The contracts contained an ICC arbitration clause in Geneva. Swiss law was applicable to the merits.

 

A dispute arose because the Contractor had not been paid in full and the Respondent objected that the equipment delivered was unable to achieve the performance levels promised in the contracts.

 

Case information

Docket number: 
4A_150/2012
Original language: 
French
Published: 
31 ASA Bull 138 (2013)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
December 14, 2017

This is the well known case of Horthel Systems BV v. Poland, initiated under the 1992 Netherlands-Poland BIT. Horthel sought damages on the basis of articles 3(1) (Fair and equitable treatment) and 5 (Deprivation of investment without compensation and discrimination). At issue was the (modified) tax regime applied by the host state.

Case information

Docket number: 
4A_157/2017
Original language: 
French
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
February 10, 2021

Although anonymized before the Federal Tribunal, this case is believed to concern the arbitration between Türkmengaz and the National Iranian Gas Company.

By contracts from the mid-1990s, “A.________” (purportedly NIGC) and “B.________” (purportedly Türkmengaz) concluded a twenty-five year contract for the supply of natural gas. The supply of gas began in 1998; the contracts were amended several times over the subsequent years.

 

Case information

Docket number: 
4A_430/2020
Original language: 
French
Parties
Counsel
PDF version of the translation: 
Chairman: