Swiss Arbitration Decisions

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Found 6 result(s)
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: 
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: 
March 6, 2017

The case involved two Lybian companies and a construction dispute. There were two successive contracts with different jurisdiction clauses. A dispute arose and ICC arbitration proceedings were initiated in Zürich under the first contract (a FIDIC contract). When confronted with a jurisdictional defense raised in the arbitration, the Arbitral Tribunal (Chairman Anis F.Kassim, with arbitrators Loukas Mistelis and Mohmmed Ibrahim Werfalli) upheld its jurisdiction.

 

Case information

Docket number: 
4A_490/2016
Original language: 
German
Published: 
35 ASA Bull 428 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
October 8, 2014

Pursuant to a 2003 Distribution Agreement, two companies entered into a relationship governed by a law other than Swiss law concerning the distribution of pharmaceuticals. The contract contained an arbitration clause and a dispute arose as to whether or not certain additional services had been performed, which caused some new products to be accepted in the country considered.

Case information

Docket number: 
4A_199/2014
Original language: 
French
Published: 
33 ASA Bull 360 (2015)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
April 25, 2017

While the arbitration itself was born from a fascinating tripartite contract dispute with its roots inthe political upheaval following the so-called “Arab Spring,” the Federal Tribunal’s decision is of average interest only, as the Court was, once again, inclined to reiterate its narrow scope of review on the “right to be heard” (due process) in international arbitration.

Case information

Docket number: 
4A_34/2016
Original language: 
French
Published: 
36 ASA Bull 996 (2018)
Parties
Counsel
PDF version of the translation: 
September 24, 2019

A._______ was a joint venture formed under Turkish law by B.________ (holding a 67% interest) and C.________ (holding a 33% interest). D.________, was an independent entity organised under Libyan law and formed by an Act intended to further a large infrastructure project intended to bring fresh water from the south of the country to the more populous north.

Case information

Docket number: 
4A_636/2018
Original language: 
German
Published: 
38 ASA Bull 726 (2020)
Parties
Counsel
PDF version of the translation: 
Chairman: 
Arbitrator (s):