Swiss Arbitration Decisions

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Found 115 result(s)
June 6, 2016

Case information

Docket number: 
4A_64/2016
Original language: 
German
Parties
Respondent: 
Counsel
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: 
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: 
August 14, 2018

This case involved a contract of employment between a Bulgarian professional and a Russian football club. The club initially confirmed the contract of employment and two additional agreements but after submitting the player to medical tests and making him attend a training camp, the club informed the player that it could no longer sign he contract due to its quotas for foreign players.

Case information

Docket number: 
4A_114/2018
Original language: 
German
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: 
December 5, 2008

The opinion is quite interesting, as you will see. For one thing, the appeal was granted in part, which does not happen very often and caused it to be reported on the web site of the Global Arbitration Review on April 22nd (see enclosed article). The case involved whether or not a sole arbitrator sitting in Switzerland had jurisdiction on three parties not having formally signed the arbitration clause, in view of an other closely related contract signed the same day.

Case information

Docket number: 
4A_376/2008
Original language: 
Italian
Published: 
27 ASA Bull 745 (2009)
also see 3 SwissIntArbRep 157 (2009)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
May 3, 2013

The case involved a contract between a Luxembourg and a Cyprus company for consulting work. An arbitration clause in the contract provided for arbitration in Lugano and a claim was made.

 

In an award of December 27, 2012, the ad hoc Arbitral Tribunal composed of Michele Patocchi P, Francesco Wicki and Pietro Moggi issued an award rejecting a jurisdictional defense and  ordering payment.

 

Case information

Docket number: 
4A_41/2013
Original language: 
Italian
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 
March 5, 2014

Case information

Docket number: 
4A_563/2013
Original language: 
Italian
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
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: 
November 4, 2014

The case involved a 2013 contract governed by Swiss law between a New York company and a Swiss company for the construction of a Turkish bath in a Gstaad chalet. As the price of the hammam was substantial – some USD 31 million – the contract provided for payment in various installments and contained an arbitration clause in favour of  the Swiss Chambers’ Arbitration Institution rules (Swiss Rules) with venue in Geneva.

 

Case information

Docket number: 
4A_446/2014
Original language: 
French
Published: 
35 ASA Bull 370 (2017)
Parties
Appellant: 
Counsel
PDF version of the translation: 
Chairman: 
February 17, 2016

Case information

Docket number: 
4A_494/2015
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
June 17, 2015

A professional football club was found liable severally with one of its players for the financial consequences of the termination without cause of the player’s previous employment contract with another club. In February 2013, the FIFA Dispute Resolution Chamber ordered the player and the club severally to compensate the other club.

 

Case information

Docket number: 
4A_124/2015
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
September 15, 2015

The case involved three companies from France, the United Kingdom and Russia.

Case information

Docket number: 
4A_136/2015
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
June 20, 2016

The dispute concerned two contracts governed by Swiss law and containing the same arbitration clause, the purpose of which was for one party to invest in the shares of a certain fund through another party, who may or may not have represented that the fund’s custodial bank was guaranteeing the capital of the investment.

Case information

Docket number: 
4A_173/2016
Original language: 
German
Published: 
35 ASA Bull 634 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 

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