Swiss Arbitration Decisions

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Federal Tribunal reaffirms its conservative approach to revision of arbitral awards

August 27, 2020

A German pasta maker, A.________ and an American distributor, B.________ agreed on an exclusive sales agreement for a number of countries in early 2013. B.________, in turn, initially sold contracted products to a US distributor E.________, but at the end of 2013, apparently concluded an exclusive distribution contract for the United States with D.________.

Resorting to an auxiliary in the performance of a contract does not affect the arbitration clause

September 30, 2013

The case involved a distribution agreement between an English company and a Greek company. The contract was governed by English law and provided for ICC arbitration in Geneva.

The English company subsequently advised its Greek counterpart that the goods would henceforth be sent and invoiced by an Italian company as a consequence of an administrative reorganization of the group.

The right to be heard cannot be a pretext to obtain substantive review of an international award

February 5, 2014

The case involved a Turkish company and a Belgian company and the performance of some work on a compressor station in Turkey. A contract was signed in 2007, governed by Turkish law but with an ICC arbitration clause, with the venue in Geneva.

As a dispute arose for the payment of the services performed, an arbitration was initiated in November 2011 and Anne-Carole Cremades was appointed as sole arbitrator by the ICC.

Swiss Arbitration Decisions

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