Swiss Arbitration Decisions

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Found 11 result(s)
February 19, 2013

The case involved a dispute concerning the transfer of a professional football player.

 

After various other procedural moves, a three members Panel of the CAS (chairman Bernhard Welten with arbitrators Mark Hovell and Vit Horacek) upheld an appeal by one of the two clubs involved and ordered the other one to pay an amount of € 800’000 plus VAT and interest.

 

An appeal was made to the Federal Tribunal and the Court rejected the appeal.

 

Case information

Docket number: 
4A_550/2012
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
April 15, 2013

The case concerned an ICC arbitration held in St Gallen between a Swiss company and a German engineer. The sole arbitrator, Simon Gabriel, issued a partial award in February 2012, finding that he had jurisdiction and ordering the Defendant to produce certain documents. The award was not appealed.

 

In two subsequent Procedural Orders the arbitrator ordered the production of additional documents and the orders were appealed to the Federal Tribunal.

 

Case information

Docket number: 
4A_596/2012
Original language: 
German
Published: 
32 ASA Bull 335 (2014)
Parties
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
May 13, 2013

Case information

Docket number: 
4A_649/2012
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
May 24, 2013

The case involved a football club in Mexico and a Brazilian player. A dispute as to the player’s compensation resulted in a decision of the FIFA Dispute Resolution Chamber in November 2010, holding that it did not have jurisdiction, whereupon the player filed a claim with the Mexican Conciliation and Resolution of Controversies Commission (“CRCC”). On July 26, 2011, the CRCC found that the claim was time-barred under applicable Mexican law.

 

Case information

Docket number: 
4A_476/2012
Original language: 
German
Published: 
32 Asa Bull 148 (2014)
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: 
March 18, 2013

The case involved the coach of the Bulgarian national football team and a contract governed by Bulgarian law. The contract also stated that disputes would be referred to “the competent court” and that the parties “recognized” the Court of Arbitration for Sport (CAS) in Lausanne.

 

Case information

Docket number: 
4A_388/2012
Original language: 
German
Parties
Appellant: 
Counsel
Appellant: 
March 21, 2013

The case involved a Ukrainian football player who tested positive to Furosemide, a diuretic that can mask the presence of other drugs and is accordingly banned by the World Anti-Doping Agency.

 

Case information

Docket number: 
4A_522/2012
Original language: 
German
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
October 21, 2013

Case information

Docket number: 
4A_468/2013
Original language: 
French
Published: 
32 ASA Bull 323 (2014)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
July 15, 2013

The case involved a contract for the acquisition of the shares of a Swiss bank. The contract contained an arbitration clause providing for arbitration in Geneva under the Swiss Rules. A dispute arose and the purchaser sought damages while the sellers submitted a counterclaim.

 

A three-member Arbitral Tribunal was constituted under the aegis of the Geneva Chamber of Commerce and Industry (arbitrators Peter Böckli and Shelby Dupasquier, with Pierre Tercier as chairman).

Case information

Docket number: 
4A_188/2013
Original language: 
French
Parties
Counsel
PDF version of the translation: 
Chairman: 
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: