Swiss Arbitration Decisions

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Found 115 result(s)
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: 
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.

Case information

Docket number: 
4A_636/2014
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
May 6, 2015

The case involved a contractual clause by which a club was entitled to obtain an additional amount should a professional football player be transferred in the future.

 

A dispute arose and the single judge of the Players’ Status Committee of FIFA denied the claim in a decision issued in March 2012, which was then appealed to the Court of Arbitration for Sport (CAS).

 

Case information

Docket number: 
4A_426/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
May 21, 2015

The case involved a general contractor’s agreement between a Swiss and a Luxembourg company for the renovation of an apartment building in Switzerland. The contract was governed by Swiss law and contained an arbitration clause which, interestingly, appointed the architect of the project as sole arbitrator.

 

Case information

Docket number: 
4A_709/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
December 10, 2015

The matter involved an Argentinian player who entered into a contract with two players’ agents in Argentina and then unilaterally terminated the contract.

 

The agents sued in the Court of Arbitration for Sport, which had jurisdiction pursuant to an arbitration clause in the contract. The CAS Panel (chairman José Juan Pinto with arbitrators Riccardo de Buen and Hernan Ferrari) essentially upheld the claim but only awarded EUR 1 million instead of the EUR 3 million claimed.

Case information

Docket number: 
4A_568/2015
Original language: 
German
Published: 
34 ASA Bull 178 (2016)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
May 21, 2015

In a dispute between an Italian football club and an English company based on the acquisition by the English company of the economic rights of an Argentine professional football player, the Court of Arbitration for Sport (CAS) accepted jurisdiction and its Panel (chairman Ricardo de Buen, with arbitrators José Juan Pinto and Massimo Coccia) awarded the English company an amount of EUR 9’400’000, which was then challenged in the Federal Tribunal by way of a Civil law appeal.

 

Case information

Docket number: 
4A_634/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
February 25, 2016

Case information

Docket number: 
4A_492/2015
Original language: 
German
Published: 
ATF 142 III 230
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
February 25, 2016

Case information

Docket number: 
4A_490/2015
Original language: 
German
Published: 
ATF 142 III 230
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
June 3, 2015

The case involved a dispute between a Dutch foundation, an American company and various other players, arising from an investment agreement allegedly breached by one of the parties. The state court in California was seized first and this produced a default judgment in 2007 ordering the restitution of the amount invested and awarding punitive damages.

 

Case information

Docket number: 
4A_676/2014
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
Chairman: 
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: 
October 26, 2015

The case involved an exclusive distribution agreement for jewelry and watches between an Austrian company and a distributor in Singapore. The contract was governed by Swiss law and provided for ICC arbitration in Geneva with proceedings in English.

 

When a dispute arose the contract was terminated without notice and a new distributor appointed.

 

Case information

Docket number: 
4A_69/2015
Original language: 
French
Published: 
35 ASA Bull 382 (2017)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
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.

Case information

Docket number: 
4A_520/2015
Original language: 
French
Published: 
35 ASA Bull 729 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
July 8, 2016

The case involved an arbitration in Lugano in which the arbitrators (chairman Francesco Trezzini with arbitrators Henry Peter and Gianluca Airaghi) appointed an expert whilst giving the parties the opportunity to submit their own expert reports.

Case information

Docket number: 
4A_259/2015
Original language: 
Italian
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
May 20, 2016

Case information

Docket number: 
4A_206/2016
Original language: 
Italian
Published: 
36 ASA Bull 520 (2018)
Parties
Appellant: 
Respondent: 
Counsel
June 6, 2016

Case information

Docket number: 
4A_82/216
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel

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