Swiss Arbitration Decisions

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Found 432 result(s)
May 2, 2012

This very interesting opinion involved a contract governed by Swiss law for the delivery of a production line of certain materials. Ad hoc arbitration proceedings started in Geneva in January 2009. An award was issued and on December 16, 2011 I sent you the English translation of a first decision that the Federal Tribunal took in this matter on May 16, 2011.  A copy of the first decision of the Federal Tribunal is enclosed and you will find here 4A_46/2011.

Case information

Docket number: 
4A_14/2012
Original language: 
French
Published: 
138 ATF III 270 (2011)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
May 23, 2012

This decision dated May 23, 2012 is of limited interest unless you are actively involved in sport arbitration.

Case information

Docket number: 
4A_654/2011
Original language: 
German
Parties
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
May 29, 2012

Case information

Docket number: 
4A_232/2012
Original language: 
French
May 30, 2012

Case information

Docket number: 
4A_628/2011
Original language: 
German
May 31, 2012

From materials available on the internet, this decision date May 31st, 2012, appears to involve the Honduran football player David Suazo. Suazo originally played for a Honduran club, Deportivo Olimpia. In 1999 he was transferred to the Italian club Cagliari pursuant to a June 1st, 1999 contract, which reserved the right of Deportivo Olimpia to obtain additional payments should the player be transferred to another club.

Case information

Docket number: 
4A_682/2011
Original language: 
German
Published: 
32 Asa Bull 137 (2014)
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 
June 18, 2012

This decision dated June 18, 2012 is of limited interest and should really be read only if you are actively involved in sport arbitration.

A young Polish karting driver took part in a competition in Germany in July 2010. He was 12 years old at the time but tested positive for Nikethamide, an illicit substance. The medical panel of the Anti-Doping Committee of the Fédération Internationale de l’Automobile banned him from competition for two years and annulled his results.

Case information

Docket number: 
4A_636/2011
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
June 18, 2012

The case involved an Italian professional cyclist whose Biological Passport was assessed by a group of experts appointed by the International Cycling Union (ICU). They concluded that he had used a prohibited substance or method. Disciplinary proceedings were opened and the Italian Anti-Doping Tribunal of the Italian National Olympic Committee acquitted the cyclist in 2010.

Case information

Docket number: 
4A_488/2011
Original language: 
French
Published: 
31 ASA Bull 112 (2013)
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
June 27, 2012

This quite interesting opinion is the second judgment of the Federal Tribunal in a case involving an American company which had outsourced the works for an airbase in Iraq to a Turkish company. The 2004 contract contained an ICC arbitration clause with venue in Geneva.

Case information

Docket number: 
4A_54/2012
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
June 28, 2012

Case information

Docket number: 
4A_105/2012
Original language: 
French
July 2, 2012

This decision dated July 2, 2012 concerns the New York Convention. As you will see, the case did not involve an appeal against an international arbitral award stricto sensu but rather an appeal against a judgment of the Cantonal Court of Schwyz, which had confirmed a decision of the District Court of Höfe as to the enforcement of an international award in Switzerland.

Case information

Docket number: 
5A_754/2011
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
July 3, 2012

Case information

Docket number: 
4A_122/2012
Original language: 
German
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: 
July 16, 2012

While not addressing any fundamental legal issues, the opinion is nonetheless interesting and its recital of facts provides entertaining reading for those interested in sport arbitration.

July 23, 2012

This quite interesting opinion involved two arbitrations. The first was a BIT arbitration which led to an award of July 1st, 2009 ordering the state concerned (the Kingdom of Thailand) to pay € 29.21 million to a German company pursuant to the BIT between Thailand and Germany. That award is available on the Internet (www.iareporter.com) and the arbitral tribunal comprised Marc Lalonde, Jayavadh Bunnag, and Ian Barker as chairman.
 

Case information

Docket number: 
4A_570/2011
Original language: 
French
Parties
Appellant: 
Counsel
PDF version of the translation: 
Chairman: 
July 26, 2012

Case information

Docket number: 
4A_318/2012
Original language: 
German

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