Swiss Arbitration Decisions

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Found 115 result(s)
September 20, 2016

As you may recall, an arbitral tribunal chaired by Matthieu de Boisséson with arbitrators Thomas Clay and Alexis Moore issued a jurisdictional award on October 13, 2015, which was appealed to the Federal Tribunal on the ground that the conciliation proceedings under the ICC ADR Rules – applicable pursuant to the contract between a BVI company and an Algerian state entity – had not been complied with. The award was annulled and the arbitration stayed until the end of the ADR procedure.

Case information

Docket number: 
4A_524/2016
Original language: 
French
Published: 
35 ASA Bull 703 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
August 3, 2016

Case information

Docket number: 
4A_110/2016
Original language: 
German
Published: 
35 ASA Bull 487 (2017)
Parties
Appellant: 
Respondent: 
Counsel
October 4, 2017

The case involved an international-level middle-distance runner (the Athlete) whose antidoping controls showed the highly likely use of a prohibited substance or method. Following a provisional suspension in April 2016, the Athlete was suspended for four years. The decision with grounds was part of the minutes of the meeting of the Federation’s Disciplinary Commission in June 2016.

Case information

Docket number: 
4A_384/2017
Original language: 
French
Published: 
36 ASA Bull 197 (2018)
Parties
Appellant: 
Counsel
PDF version of the translation: 
January 6, 2020

In 2015, B.________ sent out a bulletin on a competitive bidding procedure for the supply of TFT displays. It contained the proposed contractual terms (the "corporate agreement" or “CA”), the General Terms and Conditions of Purchase (“GTC”), and Quality Assurance Agreement (“QAA”). A.________ was ultimately awarded the contract, and a contract award was signed. While negotiations on certain points of disagreement regarding the CA were ongoing, the parties went ahead and signed the QAA.

Case information

Docket number: 
4A_342/2019
Original language: 
German
Published: 
38 ASA Bull 440 (2020)
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: 
October 29, 2014

Case information

Docket number: 
4A_253/2014
Original language: 
Italian
Parties
Appellant: 
Counsel
August 3, 2016

At issue was an award issued by the Court of Arbitration for Sport in the matter of a Luxembourg racing cyclist who entered into a self-employment agreement in 2010 with a company managing a cycling team. Furthermore, an agreement on image rights gave the team the right to exploit the cyclist’s image against compensation. When he was found positive in a doping control during the 2012 Tour de France, the cyclist left the competition whilst continuing to train with the team.

Case information

Docket number: 
4A_202/2016
Original language: 
French
Published: 
35 ASA Bulletin 648 (2017)
Parties
Appellant: 
Counsel
PDF version of the translation: 
November 10, 2010

This opinion of the Federal Tribunal, although dated November 10, 2010, reached the website of the Court around the end of last year. It is quite interesting because it relates to an issue which is seldom addressed by the Federal Tribunal: that of the costs of an arbitration and the arbitrators’ entitlement to their fees.

 

Case information

Docket number: 
4A_391/2010, 4A_399/2010
Original language: 
German
Published: 
29 ASA Bull 110 (2011)
136 BGE III 597 (2010)
Parties
Counsel
PDF version of the translation: 
October 16, 2012

The case involved an appeal to the Federal Tribunal by a football federation against an award on costs issued by the Court of Arbitration for Sport (CAS) on April 27, 2012. The CAS Panel was composed of Romano Subioto, chairman, with Ulrich Haas and Allan Sullivan as arbitrators.

 

Case information

Docket number: 
4A_314/2012
Original language: 
French
Published: 
32 ASA Bull 646 (2014)
Parties
Counsel
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
June 30, 2014

Case information

Docket number: 
4A_562/2013
Original language: 
German
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
November 13, 2019

A Turkish company, C.________ entered into a contract with the General Directorate of Security of the Turkish Ministry of the Interior to supply armored vehicles. Its subcontractor, B.________, entered into a contract with an Israeli company, A.________, to develop, design, manufacture and deliver 60 armored vehicles. The contract specified a delivery date, though that was partially contingent on B.________ making certain parts available to A.________ in a timely manner. 

Case information

Docket number: 
4A_294/2019, 4A_296/2019
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
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: 
July 15, 2013

The case involved a contract for the acquisition of the shares of a Swiss bank. The contract contained an arbitration clause providing for arbitration in Geneva under the Swiss Rules. A dispute arose and the purchaser sought damages while the sellers submitted a counterclaim.

 

A three-member Arbitral Tribunal was constituted under the aegis of the Geneva Chamber of Commerce and Industry (arbitrators Peter Böckli and Shelby Dupasquier, with Pierre Tercier as chairman).

Case information

Docket number: 
4A_188/2013
Original language: 
French
Parties
Counsel
PDF version of the translation: 
Chairman: 
February 9, 2017

The case involved the termination of an employment contract between a professional football player X (the Player) and the club A without cause (alongside clubs B. and C). The FIFA DRC Decision found that the Player and club C. were jointly and severally liable for the payment to A. of EUR 3'100'000, including interest, as compensation for termination of the contract without cause, in accordance with Art. 17(1) of the Regulations on the Status and Transfer of Players (RSTP).

Case information

Docket number: 
4A_690/2016
Original language: 
French
Published: 
35 ASA Bull 670 (2017)
Parties
Counsel
PDF version of the translation: 
Chairman: 

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