Swiss Arbitration Decisions

Under Swiss law, a judgment of the Federal Tribunal - or of any other court - can be the object of a request that it should be clarified or rectified whenever its holding is unclear, incomplete or ambiguous.

This opinion of the Swiss Supreme Court, dated June 10, 2010, is somewhat unusual because the Court chose to mention the names of the parties in the text published on the Court’s website. Readers of the decisions of the Swiss Federal Tribunal know that the names are generally omitted, except in cases involving public figures and this seems to have been the reason in this case as the Appellant was the well-known football player Adrian Mutu.

Fenerbahçe Spor Kulübü, the well-known Turkish football club, was sanctioned by the Turkish Football Federation for match-fixing. Further sanctions were issued by the UEFA and some of the individuals involved were also sentenced by the Turkish courts. The case is a “cause célèbre” in sport matters and therefore needs not be described in much more detail.