Swiss Arbitration Decisions

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Found 50 result(s)
September 23, 2008

The case involved a sports arbitration in Lausanne, in which two Argentinean agents had been entrusted with negotiating the transfer of a player to the Spanish club Real Madrid. The transfer was not completed due to a negative medical report. The agents filed a claim with FIFA for fees, which was rejected. On February 29, 2008, the Court of Arbitration for Sports (“CAS”) upheld the dismissal of the claim. The CAS arbitral tribunal was chaired by Prof. Massimo Coccia with Mr. D.

Case information

Docket number: 
4A_176/2008
Original language: 
German
Published: 
27 ASA Bull 128 (2009)
also see Vol 2 SwissIntArbRep 451 (2008)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
October 18, 2011

The case involves a 2006 contract between an English company and a Canadian resident, acting as trustee for a trust that owned the shares of a company, sold the shares to the buyer. Simultaneously, an employment contract was entered into between the company owned by the trust, which was based in the United Arab Emirates and an Italian resident with a view to his future employment as a managing director.

Case information

Docket number: 
4A_214/2011
Original language: 
Italian
Published: 
30 ASA Bull 677 (2012)
Parties
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
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: 
December 14, 2012

The case involved a dispute between a professional basketball player and her former agent. On March 12, 2012 the competent body of the Fédération Internationale de Basketball, the Basketball Arbitral Tribunal (Ulrich Haas, sole arbitrator) issued an award ordering her to compensate the agent.

 

Case information

Docket number: 
4A_198/2012
Original language: 
French
Published: 
32 ASA Bull 580 (2014)
Parties
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
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 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: 
March 3, 2014

The case involved the well-known football player Ismaël Bangoura, the Al-Nasr sports club of Dubai, and the French FC Nantes.

In 2010, Bangoura transferred from a French club to Al-Nasr and certain commitments were made with regard to his salary. The following year, he left Dubai without authorization from Al-Nasr and in early 2012 he signed a contract with Nantes.

Case information

Docket number: 
4A_304/2013
Original language: 
French
Published: 
32 ASA Bull 384 (2014)
Parties
Counsel
PDF version of the translation: 
June 11, 2014

The case involved a professional cyclist who tested positive for testosterone in June 2007 and again in February 2011. The German anti-doping agency referred the case to the German Arbitral Institution (DIS) and in June 2012 the sole arbitrator appointed by the DIS held that the Decision Limits had not been properly established in the case as there were significant differences between the results of the A and B Samples taken from the athlete.

 

Case information

Docket number: 
4A_178/2014
Original language: 
German
Published: 
32 ASA Bull 782 (2014)
Parties
Counsel
PDF version of the translation: 
Chairman: 
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: 
January 6, 2016

The case involved an investment agreement between a French company and a Spanish company. The contract was governed by Spanish law and provided for ICC arbitration in Geneva.

 

Case information

Docket number: 
4A_572/2015
Original language: 
French
Published: 
34 ASA Bull 171 (2016)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
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: 
March 22, 2016

Pursuant to a 2009 contract between a Brazilian football player and a Portuguese club, a claim for termination in breach of the contract was filed by the player with the FIFA Dispute Resolution Chamber. The claim was upheld by the Dispute Resolution Chamber and then essentially confirmed by the Court of Arbitration for Sport. The Panel (chairman Stuart McInnes with arbitrators Stephan Breidenbach and Rui Botica Santos) added interest to the amount to be paid.

Case information

Docket number: 
4A_678/2015
Original language: 
German
Published: 
35 ASA Bull 390 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
June 20, 2016

The dispute concerned two contracts governed by Swiss law and containing the same arbitration clause, the purpose of which was for one party to invest in the shares of a certain fund through another party, who may or may not have represented that the fund’s custodial bank was guaranteeing the capital of the investment.

Case information

Docket number: 
4A_173/2016
Original language: 
German
Published: 
35 ASA Bull 634 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 

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