Swiss Arbitration Decisions

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Found 11 result(s)
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): 
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 17, 2011

The case involved a dispute between several chess federations (the French, German, Swiss, Ukrainian and American Federations and a company named Karpov 2010 Inc.) in the framework of the election campaign for the new chairman of the Fédération Internationale des Echecs (“FIE”). Kirsan Ilyumzhinov’s candidacy was opposed by Anatoly Karpov (the former was subsequently elected).

Case information

Docket number: 
4A_600/2010
Original language: 
French
Published: 
30 ASA Bull 119 (2012)
Parties
Counsel
PDF version of the translation: 
August 28, 2014

Pursuant to a first set of contracts, a group of parties agreed that any disputes arising from the contracts would be governed by Swiss law and adjudicated by “the arbitration committee to be established in Basel (Switzerland).” The arbitration was to take place in German. According to other contracts entered into simultaneously (or about), however, jurisdiction was to be in the state courts of various countries.

 

Case information

Docket number: 
4A_74/2014
Original language: 
German
Published: 
33 ASA Bull 107 (2015) BGE 140 III 477
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
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: 
August 17, 2015

The case involved a Consultancy Services Agreement entered into in February 2011. The contract provided for ICC arbitration in Zürich and it was governed by Swiss law.

 

When a dispute arose as to the fees due under the CSA, the ICC appointed Pierre-Yves Gunter as sole arbitrator and an award was issued in December 2014, essentially upholding the claim.

 

An appeal was made to the Federal Tribunal and the following may be of some interest in the opinion:

Case information

Docket number: 
4A_54/2015
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
April 29, 2020

This dispute arose between a national football federation, two players (the Appellants) and the African Football Confederation (CAF, Respondent) over the African Cup of Nations U17 (CAN U17), an African football tournament organized at the continental level for players under 17, whose first and second teams qualify for the FIFA U-17 World Cup.

 

Case information

Docket number: 
4A_548/2019
Original language: 
French
Parties
Counsel
April 29, 2020

This dispute arose between a national football federation, two players (the Appellants) and the African Football Confederation (CAF, Respondent) over the African Cup of Nations U17 (CAN U17), an African football tournament organized at the continental level for players under 17, whose first and second teams qualify for the FIFA U-17 World Cup.

 

Case information

Docket number: 
4A_550/2019
Original language: 
French
Parties
Counsel
July 31, 2019

C.________ had requested the payment of a fee following the brokering of a settlement agreement with a state petroleum company on behalf of A.________ and B._________. The latter companies refused to pay and an arbitration with its seat in Geneva was initiated under the Swiss Rules, before three arbitrators. C.________ partially prevailed, and the Defendants appealed to the Federal Tribunal, citing violations of their right to be heard and a lack of equal treatment of the parties.

Case information

Docket number: 
4A_74/2019
Original language: 
German
Published: 
38 ASA Bull 988 (2020)
Parties
Respondent: 
Counsel
PDF version of the translation: 
October 1, 2020

A dispute arose between two Indian nationals and the Republic of C.________. An Arbitral Tribunal was constituted in accordance with the UNCITRAL rules, under the auspices of the Permanent Court of Arbitration. Its seat was set in Geneva.

 

Case information

Docket number: 
4A_156/2020
Original language: 
French
Parties
Counsel
PDF version of the translation: 
October 16, 2003

Although the case dates back to 2003 and the translations start from 2008 only, with a few exceptions, this case justified an exception in view of its great interest as to the issue of an arbitration clause extended to an individual who had not signed it but was actively involved in the performance of the contract.

 

The opinion is quite long, but it is very interesting and  constitutes required reading.

Case information

Docket number: 
4P.115/2003
Original language: 
French
Published: 
22 ASA Bull 364 (2004), 129 III 727
Parties
Respondent: 
Counsel
PDF version of the translation: