Swiss Arbitration Decisions

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Found 5 result(s)
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: 
May 7, 2010

This decision the Federal Tribunal issued on May 7, 2010 involves two international Russian biathletes belonging to the Russian National Biathlon Team, who were tested for illicit substances at the end of 2008 and found positive.

The International Biathlon Union Doping Hearing Panel suspended the biathletes for two years from the date of the tests and an appeal was made to the Court of Arbitration for Sport (“CAS”).

Case information

Docket number: 
4A_620/2009
Original language: 
French
Published: 
28 ASA Bull 658 (2010)
Parties
Counsel
PDF version of the translation: 
June 2, 2010

The case involved a dispute between the Ukrainian Football Club Shakhtar Donetsk (“Shakhtar”) and the Spanish Club Real Zaragoza, as well as the Brazilian player Matuzalem Da Silva.

Da Silva, on loan from Zaragoza, was transferred from an Italian Club to Shakhtar in 2004. In 2007, an offer was made by an Italian club which Shakhtar rejected. Da Silva then terminated his employment with Shakhtar and signed a new contract with Zaragoza.

Case information

Docket number: 
4A_320/2009
Original language: 
German
Published: 
28 ASA Bull 822 (2010)
Parties
Counsel
PDF version of the translation: 
October 25, 2010

Considering the quantity of excellent advanced programs in international arbitration, let alone the innumerable seminars and programs to which we are constantly invited, one would have thought that blatantly pathological arbitration clauses were a thing of the past.

 

This opinion shows that pathological clauses still exist and that they continue to occasionally cause havoc.

 

Case information

Docket number: 
4A_279/2010
Original language: 
German
Published: 
29 ASA Bull 129 (2011)
Parties
Counsel
PDF version of the translation: 
Arbitrator (s): 
November 10, 2010

This opinion of the Federal Tribunal, although dated November 10, 2010, reached the website of the Court around the end of last year. It is quite interesting because it relates to an issue which is seldom addressed by the Federal Tribunal: that of the costs of an arbitration and the arbitrators’ entitlement to their fees.

 

Case information

Docket number: 
4A_391/2010, 4A_399/2010
Original language: 
German
Published: 
29 ASA Bull 110 (2011)
136 BGE III 597 (2010)
Parties
Counsel
PDF version of the translation: