Swiss Arbitration Decisions

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Claim of denial of justice/violation of right to be heard (denied) – claim of violation of public policy (denied)

January 29, 2010

The case involved a dispute between a Swiss and a German company with regard to the delivery of a steel bloom. Arbitration was initiated in Geneva and Prof. Ingeborg Schwenzer (University of Basel) was appointed as arbitrator. In an award of October 5, 2009, she upheld a claim for damages and the German company appealed to the Federal Tribunal.

The following items may be of interest in the opinion:

Federal Tribunal upholds FIDIC pre-arbitration requirements

July 7, 2014

The case involved two contracts governed by Romanian law between a French company and a Romanian state company for the restoration work on a Romanian highway.

The contracts included the FIDIC General Conditions and when a dispute arose in 2011, the French company stated that it would seize the Dispute Adjudication Board (“DAB”) contemplated by the FIDIC General Conditions.

New arguments inadmissible in the reply

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.

Withdrawn export report prevents any claim of violation of due process

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.

No review of the assessment of the evidence by the arbitral tribunal under the cloak of the right to be heard

March 16, 2015

The case involved a dredging contract between a Russian company and its Luxembourg counterpart, pursuant to which the Luxembourg company undertook to deliver 2 million cubic meters of a mixture of sand and gravel. The contract contained an arbitration clause providing for ICC arbitration in Geneva and was governed by English law.

A dispute arose and, after terminating the contract, the Luxembourg company sought damages.

Federal Tribunal refuses to extend the scope of its review

December 16, 2015

The case involved a dispute between a bank and the member of another banking group under a Share Purchase Agreement whereby the purchaser had to recapitalize the subsidiary that was sold according to a ratio which might have led to a subsequent adjustment.

The contract provided for ICC arbitration in Geneva and when a dispute arose, the three-member arbitral tribunal (Pierre Tercier chair, with arbitrators Alan Redfern and Ibrahim Fadlallah) upheld the claim in full.

Domestic case or appeal withdrawn or manifestly inadmissible

May 20, 2016

Federal Tribunal rejects appeal touching on pacta sunt servanda

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.

Swiss Arbitration Decisions

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