Swiss Arbitration Decisions

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Found 144 result(s)
September 19, 2018

Case information

Docket number: 
4A_238/2018
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
February 7, 2017

In a dispute between a Tunisian company and a company based in Germany (“Defendant 1”) along with its Tunisian subsidiary (“Defendant 2”) over unpaid invoices, the sole Arbitrator (Raphaëlle Favre Schnyder) found Defendant 1 liable and ordered it to pay the Claimant compensation. She dismissed all the claims against Defendant 2. Defendant 1 appealed the decision to the Federal Tribunal, arguing that the Arbitrator had violated its right to be heard.

 

Case information

Docket number: 
4A_478/2016
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
January 24, 2017

The case involved a purchase agreement for a packing machine governed by Swiss law, containing a somewhat pathological arbitration clause providing for arbitration by “the International Chamber of Commerce of Geneva”,  yet under ICC Rules.

 
Arbitration was initiated by the Purchaser in 2014. The Respondent raised a jurisdictional defense in addition to its submissions on the merits.

Case information

Docket number: 
4A_672/2016
Original language: 
German
Published: 
36 ASA Bull 145 (2018)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
November 24, 2017

Two telecommunications companies had a dispute over the termination of a VoIP agreement. Pursuant to a valid clause in their agreement, company B.________ initiated an arbitration under the ICC Rules with a sole arbitrator. After several objections by A.________, the ICC appointed the well known Swiss arbitrator Philippe Landolt as sole arbitrator.

Case information

Docket number: 
4A_236/2017
Original language: 
German
Published: 
36 ASA Bull 434 (2018)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
February 7, 2017

It deals with the recurrent issue of jurisdiction, yet this time not the jurisdiction of the Court of Arbitration for Sport (CAS) but rather of the previous instance (in casu the FIFA Dispute Resolution Chamber, DRC).

Case information

Docket number: 
4A_492/2016
Original language: 
German
Published: 
35 ASA Bull 452 (2017)
Parties
Counsel
PDF version of the translation: 
Chairman: 
October 16, 2019

B.________, a Turkish company, and A.________, a Swiss company, concluded a contract in 2012 that contained an arbitration clause in favor of an ad hoc arbitral tribunal with its seat in Wollerau/SZ.. A dispute arose and in June 2018, B.________ applied to the Höfe District Court for the appointment of Michael Lazopoulos as its party arbitrator. It also asked that court to appoint an arbitrator for A.________, as it had failed to put forward a name. 

Case information

Docket number: 
4A_292/2019
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
January 6, 2021

In 2011, C.________ concluded three agency contracts with A.________, a company based in Panama. Initially intended to last just 12 months, the relationship persisted into 2015. Between 2010 and 2013, E.________, an employee of C._________, was, unbeknownst to its own employer, receiving kickbacks for the renewal of the contracts from A.________’s parent company. C.________ only learned of the kickbacks in 2017.

 

Case information

Docket number: 
4A_346/2020
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
December 16, 2020

A._________ subcontracted the maritime portion of the construction of a sea terminal to B._________. In the course of the build, A.________ called in bank guarantees, split between USD and local currency (referred to in the anonymized decision as XXX). This forced B.________ to refinance. B.________ then initiated arbitration proceedings under the contract’s arbitration clause on several grounds.

Case information

Docket number: 
4A_244/2020
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
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_246/2019
Original language: 
German
Parties
Counsel
PDF version of the translation: 
June 2, 2010

The case involved a dispute between the Ukrainian Football Club Shakhtar Donetsk (“Shakhtar”) and the Spanish Club Real Zaragoza, as well as the Brazilian player Matuzalem Da Silva.

Da Silva, on loan from Zaragoza, was transferred from an Italian Club to Shakhtar in 2004. In 2007, an offer was made by an Italian club which Shakhtar rejected. Da Silva then terminated his employment with Shakhtar and signed a new contract with Zaragoza.

Case information

Docket number: 
4A_320/2009
Original language: 
German
Published: 
28 ASA Bull 822 (2010)
Parties
Counsel
PDF version of the translation: 
August 14, 2014

Case information

Docket number: 
4A_334/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
May 26, 2014

The dispute involved a fee paid by a Spanish club, Real Zaragosa, to the Italian club Genoa for the transfer of Diego Milito. The fee obtained for the transfer was EUR 5 million. However the player had been transferred to Genoa in 2004 and at the time, the racing club Asociación Civil of Argentina was in bankruptcy and consequently, pursuant to applicable Argentinian law, there was a third company managing its affairs.

Case information

Docket number: 
4A_544/2013
Original language: 
German
Published: 
33 ASA Bull 157 (2015)
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
June 19, 2014

The case involved a contract between a Hungarian company and its Austrian counterpart for the production of apple juice concentrate and aroma. The contract contained an arbitration clause providing for arbitration in Zürich.

 

Case information

Docket number: 
4A_597/2013
Original language: 
German
Published: 
32 ASA Bull 799 (2014)
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: 
February 20, 2015

The case involved an arbitral award based on the regulations of the Union Cycliste Internationale (“UCI”), Chapter XII of which contains some provisions for the original copy of the award to be deposited with the Secretariat of the UCI, with a copy sent to the parties.

 

Case information

Docket number: 
4A_609/2014
Original language: 
Italian
Published: 
Bull. ASA 2015, p. 373
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 

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