Swiss Arbitration Decisions

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Found 60 result(s)
February 19, 2013

The case involved a dispute concerning the transfer of a professional football player.

 

After various other procedural moves, a three members Panel of the CAS (chairman Bernhard Welten with arbitrators Mark Hovell and Vit Horacek) upheld an appeal by one of the two clubs involved and ordered the other one to pay an amount of € 800’000 plus VAT and interest.

 

An appeal was made to the Federal Tribunal and the Court rejected the appeal.

 

Case information

Docket number: 
4A_550/2012
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
Chairman: 
Arbitrator (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: 
November 27, 2017

This was a Civil law appeal against an award rendered by the Court of Arbitration for Sport (CAS) on April 19, 2017, where the professional football club X (the Club) was ordered to pay to the player’s Intermediary A (the Intermediary) the outstanding amount of a commission of EUR 2'700'000, plus interest, according to the contract concluded on August 23, 2013.

Case information

Docket number: 
4A_312/2017
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
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: 
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: 
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): 
December 14, 2017

This is the well known case of Horthel Systems BV v. Poland, initiated under the 1992 Netherlands-Poland BIT. Horthel sought damages on the basis of articles 3(1) (Fair and equitable treatment) and 5 (Deprivation of investment without compensation and discrimination). At issue was the (modified) tax regime applied by the host state.

Case information

Docket number: 
4A_157/2017
Original language: 
French
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
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): 
October 21, 2013

Case information

Docket number: 
4A_468/2013
Original language: 
French
Published: 
32 ASA Bull 323 (2014)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
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: 
May 27, 2014

The case involved the construction of a bridge across a European river. In 2004, a contract, governed by the law of the country in which the bridge was to be built, was entered into for a number of pillars and the relative superstructures. The contract contained an ICC arbitration clause. Unbeknownst to the contractor, another contract was also signed in 2004, awarding the works to a different company.

Case information

Docket number: 
4A_508/2013
Original language: 
French
Published: 
33 ASA Bull 865 (2015), 140 III 278
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
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 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: 

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