Swiss Arbitration Decisions

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Found 11 result(s)
November 23, 2017

The investor argued that per se  the 1954 Convention would not prevent a state – as opposed to a private claimant or even a state entity – from being ordered to provide security for costs. Judge Kiss disagreed in a fairly detailed and convincing decision.

Case information

Docket number: 
4A_396/2017
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
November 27, 2017

This was a Civil law appeal against an award rendered by the Court of Arbitration for Sport (CAS) on April 19, 2017, where the professional football club X (the Club) was ordered to pay to the player’s Intermediary A (the Intermediary) the outstanding amount of a commission of EUR 2'700'000, plus interest, according to the contract concluded on August 23, 2013.

Case information

Docket number: 
4A_312/2017
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
October 4, 2017

The case involved an international-level middle-distance runner (the Athlete) whose antidoping controls showed the highly likely use of a prohibited substance or method. Following a provisional suspension in April 2016, the Athlete was suspended for four years. The decision with grounds was part of the minutes of the meeting of the Federation’s Disciplinary Commission in June 2016.

Case information

Docket number: 
4A_384/2017
Original language: 
French
Published: 
36 ASA Bull 197 (2018)
Parties
Appellant: 
Counsel
PDF version of the translation: 
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: 
July 25, 2017

The Appellant, Alexei Lovchev, is an Russian weightlifter at the international level, who participated in the 2015 Weightlifting World Championship in Houston, USA, as a member of the Russian team. He won the gold medal and set two world records. In November 2015, the Appellant underwent a doping control that resulted in an Adverse Analytical Finding, (AAF) and showed the presence of the prohibited substance Ipamorelin in the Appellant’s sample in an extremely low concentration of 0.1 ng/ml.

Case information

Docket number: 
4A_80/2017
Original language: 
German
Parties
Counsel
PDF version of the translation: 
March 6, 2017

The case involved two Lybian companies and a construction dispute. There were two successive contracts with different jurisdiction clauses. A dispute arose and ICC arbitration proceedings were initiated in Zürich under the first contract (a FIDIC contract). When confronted with a jurisdictional defense raised in the arbitration, the Arbitral Tribunal (Chairman Anis F.Kassim, with arbitrators Loukas Mistelis and Mohmmed Ibrahim Werfalli) upheld its jurisdiction.

 

Case information

Docket number: 
4A_490/2016
Original language: 
German
Published: 
35 ASA Bull 428 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
February 7, 2017

In a dispute between a Tunisian company and a company based in Germany (“Defendant 1”) along with its Tunisian subsidiary (“Defendant 2”) over unpaid invoices, the sole Arbitrator (Raphaëlle Favre Schnyder) found Defendant 1 liable and ordered it to pay the Claimant compensation. She dismissed all the claims against Defendant 2. Defendant 1 appealed the decision to the Federal Tribunal, arguing that the Arbitrator had violated its right to be heard.

 

Case information

Docket number: 
4A_478/2016
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
January 24, 2017

The case involved a purchase agreement for a packing machine governed by Swiss law, containing a somewhat pathological arbitration clause providing for arbitration by “the International Chamber of Commerce of Geneva”,  yet under ICC Rules.

 
Arbitration was initiated by the Purchaser in 2014. The Respondent raised a jurisdictional defense in addition to its submissions on the merits.

Case information

Docket number: 
4A_672/2016
Original language: 
German
Published: 
36 ASA Bull 145 (2018)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
November 24, 2017

Two telecommunications companies had a dispute over the termination of a VoIP agreement. Pursuant to a valid clause in their agreement, company B.________ initiated an arbitration under the ICC Rules with a sole arbitrator. After several objections by A.________, the ICC appointed the well known Swiss arbitrator Philippe Landolt as sole arbitrator.

Case information

Docket number: 
4A_236/2017
Original language: 
German
Published: 
36 ASA Bull 434 (2018)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
February 7, 2017

It deals with the recurrent issue of jurisdiction, yet this time not the jurisdiction of the Court of Arbitration for Sport (CAS) but rather of the previous instance (in casu the FIFA Dispute Resolution Chamber, DRC).

Case information

Docket number: 
4A_492/2016
Original language: 
German
Published: 
35 ASA Bull 452 (2017)
Parties
Counsel
PDF version of the translation: 
Chairman: 
April 25, 2017

While the arbitration itself was born from a fascinating tripartite contract dispute with its roots inthe political upheaval following the so-called “Arab Spring,” the Federal Tribunal’s decision is of average interest only, as the Court was, once again, inclined to reiterate its narrow scope of review on the “right to be heard” (due process) in international arbitration.

Case information

Docket number: 
4A_34/2016
Original language: 
French
Published: 
36 ASA Bull 996 (2018)
Parties
Counsel
PDF version of the translation: