Swiss Arbitration Decisions

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Found 28 result(s)
February 24, 2015

The case involved the unpleasant incident that took place after a qualifying football match between Croatia and Iceland in November 2013. Croatia won, but a few minutes after the end of the game, a player came back to the field, grabbed a microphone and made some statements which FIFA considered to be in breach of its disciplinary code.

 

Case information

Docket number: 
4A_544/2014
Original language: 
German
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
February 25, 2015

The case involved a Share Purchase Agreement (SPA) in a set of complex projects. The 2010 SPA apportioned the costs of future investments in proportion to the shares held by the parties but with an investment cap of EUR 138 million. Beyond that amount, the Seller undertook to pay the difference. The contract was governed by Swiss law and contained an ICC arbitration clause. In June 2011, the purchaser under the 2010 SPA initiated arbitration proceedings against the seller.

Case information

Docket number: 
4A_486/2014
Original language: 
French
Published: 
Bull. ASA 2015, p. 347
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
April 15, 2015

The case concerned a contract between a French company and an American (Delaware) company providing for the American company to furnish certain advisory services in connection with major infrastructure projects.

 

The contract was governed by French law and contained an arbitration clause providing for ICC arbitration in Geneva.

 

Case information

Docket number: 
4A_554/2014
Original language: 
French
Published: 
Bull. ASA 2015, p. 406
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
December 10, 2015

The matter involved an Argentinian player who entered into a contract with two players’ agents in Argentina and then unilaterally terminated the contract.

 

The agents sued in the Court of Arbitration for Sport, which had jurisdiction pursuant to an arbitration clause in the contract. The CAS Panel (chairman José Juan Pinto with arbitrators Riccardo de Buen and Hernan Ferrari) essentially upheld the claim but only awarded EUR 1 million instead of the EUR 3 million claimed.

Case information

Docket number: 
4A_568/2015
Original language: 
German
Published: 
34 ASA Bull 178 (2016)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
June 3, 2015

The case involved a dispute between a Dutch foundation, an American company and various other players, arising from an investment agreement allegedly breached by one of the parties. The state court in California was seized first and this produced a default judgment in 2007 ordering the restitution of the amount invested and awarding punitive damages.

 

Case information

Docket number: 
4A_676/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
Chairman: 
December 3, 2015

This decision merely rejects an appeal filed too late, takes note of the withdrawal of the appeal or reflects a failure to pay the advance on costs, etc. and accordingly has no scholarly interest (electronic post, unsigned).

Case information

Docket number: 
4A_596/2015
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
October 7, 2015

Case information

Docket number: 
4A_460/2015
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
December 10, 2015

The case involved two businessmen who agreed to submit a dispute to arbitration to Yves Pirenne, a well-known Geneva lawyer with international experience. The arbitration agreement did not include a description of the subject matter of the dispute but both parties submitted briefs to the Arbitrator and – notably – the Defendant did not object to the Arbitrator’s jurisdiction.

Case information

Docket number: 
4A_392/2015
Original language: 
French
Published: 
34 ASA Bulletin 449 (2016)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
October 6, 2015

Although the Federal Tribunal did its best to “anonymize” the judgment, it is immediately apparent that it involved the dispute between Eléctricité de France (EDF) International SA and the Republic of Hungary.

 

Case information

Docket number: 
4A_34/2015
Original language: 
French
Published: 
ATF 141 III 495
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
February 26, 2015

The case involved a dispute between a Mexican football club and some Argentine coaches. In 2009, they entered into an employment contract with the club and the contract had dispute resolution clause, yet confusingly providing for jurisdiction of a state court as well as jurisdiction of the Mexican Football Federation.

 

Case information

Docket number: 
4A_374/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
March 16, 2015

The case involved a dredging contract between a Russian company and its Luxembourg counterpart, pursuant to which the Luxembourg company undertook to deliver 2 million cubic meters of a mixture of sand and gravel. The contract contained an arbitration clause providing for ICC arbitration in Geneva and was governed by English law.

A dispute arose and, after terminating the contract, the Luxembourg company sought damages.

Case information

Docket number: 
4A_636/2014
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
May 6, 2015

The case involved a contractual clause by which a club was entitled to obtain an additional amount should a professional football player be transferred in the future.

 

A dispute arose and the single judge of the Players’ Status Committee of FIFA denied the claim in a decision issued in March 2012, which was then appealed to the Court of Arbitration for Sport (CAS).

 

Case information

Docket number: 
4A_426/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
April 30, 2015

The case involved an employment contract between a manager in St. Petersburg (Russian Federation) and a Swiss company. The employment contract was governed by Swiss law and contained an arbitration clause providing for arbitration under the Swiss Rules in Zürich.

 

A dispute arose and arbitrator Michèle Stutz issued a final award in October 2014, partly upholding the manager’s claim for various payments.

 

Case information

Docket number: 
4A_623/2014
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
May 21, 2015

The case involved a general contractor’s agreement between a Swiss and a Luxembourg company for the renovation of an apartment building in Switzerland. The contract was governed by Swiss law and contained an arbitration clause which, interestingly, appointed the architect of the project as sole arbitrator.

 

Case information

Docket number: 
4A_709/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
May 29, 2015

A 2008 Business Combination Agreement between two law firms was governed by German law and provided for arbitration in Zürich under the ICC rules. A first dispute arose in 2010, which led to an arbitral proceeding conducted in Frankfurt and not in Zürich, pursuant to an agreement of the parties. The claim concerned some amounts allegedly due under the Business Combination Agreement but it was rejected in a first award in 2011.

 

Case information

Docket number: 
4A_633/2014
Original language: 
German
Published: 
ATF 141 III 229, Bull. ASA 2015, p. 599
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 

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