Swiss Arbitration Decisions

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Found 36 result(s)
November 17, 2008

The opinion is of limited scholarly interest but it provides a good illustration of the “collective mind” of our Supreme Court.

Case information

Docket number: 
4A_438/2008
Original language: 
French
Published: 
29 ASA Bull 379 (2011)
2 SwissIntArbRep 535 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
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 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 12, 2019

These two decisions, 4A_244/2019 and 4A_246/2019, concern the final awards in two arbitrations under the UNCITRAL Rules before the same PCA Arbitral Tribunal (Gabrielle Kaufmann-Kohler as Chair, with Brigitte Stern and Daniel Price as co-arbitrators), with its seat in Geneva.

 

Case information

Docket number: 
4A_244/2019
Original language: 
German
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: 
November 2, 2020

Between 1994 and 2005, a Turkish construction company attempted to have outstanding invoices paid for public works projects it had been involved in on the territory of the state of Libya. In 2012, it received a judgment from a court of first instance in Beida, holding the state liable to pay the invoices, plus interest and damages.

Case information

Docket number: 
4A_461/2019
Original language: 
German
Parties
Counsel
PDF version of the translation: 
October 16, 2012

The case involved an appeal to the Federal Tribunal by a football federation against an award on costs issued by the Court of Arbitration for Sport (CAS) on April 27, 2012. The CAS Panel was composed of Romano Subioto, chairman, with Ulrich Haas and Allan Sullivan as arbitrators.

 

Case information

Docket number: 
4A_314/2012
Original language: 
French
Published: 
32 ASA Bull 646 (2014)
Parties
Counsel
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
January 9, 2009

Dodô v. Fédération Internationale de Football Association (FIFA) and World Anti-Doping Agency (WADA), to which Hansjörg Stutzer referred in his criticism of the Busch decision, involved the Brazilian player Ricardo Dodô . He tested positive after a random doping check in June 2007 and was suspended for 120 days by the Brazilian Football Confederation (CBF).

Case information

Docket number: 
4A_460/2008
Original language: 
German
Published: 
27 ASA Bull 540 (2009)
also see 3 SwissIntArbRep 41 (2009)
Parties
Counsel
PDF version of the translation: 
Chairman: 
November 6, 2009

The decision is an interesting one because the Federal Tribunal annulled the jurisdictional award issued by the CAS on June 23, 2009. Those of you who receive Hansjörg Stutzer’s excellent newsletter will have read his comments and the case is most likely to be discussed in further legal writing in the months ahead.

Case information

Docket number: 
4A_358/2009
Original language: 
German
Published: 
30 ASA Bull 166 (2011)
also see 3 SwissIntArbRep 495 (2009)
Parties
Appellant: 
Counsel
PDF version of the translation: 
Chairman: 
April 18, 2011

The case is of moderate interest as it deals with an issue that is only significant to sports arbitration.

 

A football trainer from Bulgaria trained APOP Kinyras, a Cypriot football club. In late 2008, two of his players tested positive to oxymesterone, a prohibited anabolic steroid. It turned out that the trainer had made some “white pills” available to the players – and some of them apparently did not resist the temptation.

 

Case information

Docket number: 
4A_640/2010
Original language: 
German
Published: 
30 ASA Bull 144 (2012)
Parties
Counsel
PDF version of the translation: 
Chairman: 
April 19, 2011

The case involved the professional football player Omer Riza. Riza plays for the English club Histon. He was born in the UK of Turkish Cypriot descent, started as a youth with Arsenal but then in 2006 he signed with the Turkish club Trabzonspor.

 

Case information

Docket number: 
4A_404/2010
Original language: 
German
Parties
Counsel
PDF version of the translation: 
Chairman: 
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: 
August 28, 2014

The case involved a decision of the FIFA Dispute Resolution Chamber (“DRC”) ordering a player and his club jointly to pay an amount of £400’000 to the Claimant because the player had been hired in breach of the relevant FIFA regulation on the transfer of players. Both joint Defendants appealed to the Court of Arbitration for Sport (“CAS”) but the Player failed to pay the advance of costs and his appeal was deemed withdrawn and consequently struck out.

 

Case information

Docket number: 
4A_6/2014
Original language: 
French
Published: 
33 ASA Bull 85 (2015), ATF 140 III 520
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
February 1, 2016

In a share purchase agreement governed by German law and providing for ICC arbitration in Zürich, a dispute arose, involving a possible adjustment to the purchase price. In case of disagreement, the price adjustment was to be assessed by a “neutral auditor” whose determination would be “binding.” The parties could not reach an understanding and there was arbitration with claims and counterclaims.

Case information

Docket number: 
4A_428/2015
Original language: 
German
Published: 
ASA 2016, p. 718
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
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: 

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