Swiss Arbitration Decisions

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Found 8 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: 
February 21, 2008

This decision dated February 21, 2008 came on line in late March.  In view of its interest it has already been the object of a short comment (in French) by Laurent Hirsch in the discussion group  arbitrage-adr@yahoogroupes.fr. Laurent's comment was mailed on April 10.

Case information

Docket number: 
4A_370/2007
Original language: 
French
Published: 
2 SwissIntArbRep 89 (2008)
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
February 23, 2021

In 1997, A.________ (purportedly, the Kingdom of Spain) established a regime by decree to promote renewable energy sources. Several companies made substantial investments to take advantage of the favorable Feed-in-Tariff in the decree. Starting in 2010, A.________ began to roll back the regime and in 2013, a new regulation replaced it entirely.

 

June 6, 2019

This case involves a professional boxer (the Athlete), WADA, and the Athlete’s national antidoping agency. WADA filed an appeal to the CAS against the federation’s tribunal decision and requested a three-member panel, reserving however its right to request a sole arbitrator if the Athlete failed to pay its share on the advance of costs.

Case information

Docket number: 
4A_146/2019
Original language: 
French
Parties
Counsel
PDF version of the translation: 
November 4, 2014

The case involved a 2013 contract governed by Swiss law between a New York company and a Swiss company for the construction of a Turkish bath in a Gstaad chalet. As the price of the hammam was substantial – some USD 31 million – the contract provided for payment in various installments and contained an arbitration clause in favour of  the Swiss Chambers’ Arbitration Institution rules (Swiss Rules) with venue in Geneva.

 

Case information

Docket number: 
4A_446/2014
Original language: 
French
Published: 
35 ASA Bull 370 (2017)
Parties
Appellant: 
Counsel
PDF version of the translation: 
Chairman: 
September 20, 2016

As you may recall, an arbitral tribunal chaired by Matthieu de Boisséson with arbitrators Thomas Clay and Alexis Moore issued a jurisdictional award on October 13, 2015, which was appealed to the Federal Tribunal on the ground that the conciliation proceedings under the ICC ADR Rules – applicable pursuant to the contract between a BVI company and an Algerian state entity – had not been complied with. The award was annulled and the arbitration stayed until the end of the ADR procedure.

Case information

Docket number: 
4A_524/2016
Original language: 
French
Published: 
35 ASA Bull 703 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
November 10, 2010

This opinion of the Federal Tribunal, although dated November 10, 2010, reached the website of the Court around the end of last year. It is quite interesting because it relates to an issue which is seldom addressed by the Federal Tribunal: that of the costs of an arbitration and the arbitrators’ entitlement to their fees.

 

Case information

Docket number: 
4A_391/2010, 4A_399/2010
Original language: 
German
Published: 
29 ASA Bull 110 (2011)
136 BGE III 597 (2010)
Parties
Counsel
PDF version of the translation: