Swiss Arbitration Decisions

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Found 67 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: 
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 13, 2013

Case information

Docket number: 
4A_649/2012
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
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: 
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: 
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: 
April 11, 2016

Case information

Docket number: 
4A_426/2015
Original language: 
German
Published: 
34 ASA Bull 469 (2016)
Parties
Appellant: 
Respondent: 
Counsel
November 28, 2018

The case involved a dispute between the world football governing body, FIFA, and a Swiss-based ticket-reselling company (A.________) but, interestingly, this is not a CAS award. 

Case information

Docket number: 
4A_338/2018
Original language: 
German
Published: 
37 ASA Bull 716 (2019)
Parties
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: 
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: 
June 18, 2012

This decision dated June 18, 2012 is of limited interest and should really be read only if you are actively involved in sport arbitration.

A young Polish karting driver took part in a competition in Germany in July 2010. He was 12 years old at the time but tested positive for Nikethamide, an illicit substance. The medical panel of the Anti-Doping Committee of the Fédération Internationale de l’Automobile banned him from competition for two years and annulled his results.

Case information

Docket number: 
4A_636/2011
Original language: 
German
Parties
Appellant: 
Respondent: 
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: 

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