Swiss Arbitration Decisions

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Federal Tribunal reaffirms its liberal approach towards the interpretation of the scope and modalities of arbitration clauses

September 20, 2011

The case issued on September 20, 2011 by the Swiss Supreme Court involved the International Boxing Association (“AIBA”), a non-profit association (association, Verein) organized under Swiss law and based in Lausanne. In 2005, the AIBA and a company manufacturing and supplying sport equipment entered into a license agreement (“the Licensing Agreement”) for one year renewable, pursuant to which the company could manufacture boxing equipment approved by the AIBA against payment of a royalty.

Res judicata can be different for each joint defendant

August 28, 2014

The case involved a decision of the FIFA Dispute Resolution Chamber (“DRC”) ordering a player and his club jointly to pay an amount of £400’000 to the Claimant because the player had been hired in breach of the relevant FIFA regulation on the transfer of players. Both joint Defendants appealed to the Court of Arbitration for Sport (“CAS”) but the Player failed to pay the advance of costs and his appeal was deemed withdrawn and consequently struck out.

Annulment of an award by the Federal Tribunal, because of the use of an unexpected legal argument

February 9, 2009

The decision is certainly an interesting one. It has already been commented by Antonio Rigozzi (Cahiers de l’Arbitrage 2009 / 2 p. 33) and by Laurent Hirsch in the arbitration forum arbitrage-adr@yahoogroupes.fr in March 2009. The decision was also discussed by Hansjörg Stutzer in the Thouvenin newsletter at http://www.thouvenin.com/pages_e/frame/05aktuell.html

Allegedly infra petita award - Violation of public policy and of right to be heard rejected

June 23, 2009

The case will confirm that the Court of Arbitration for Sports (CAS) is likely to remain a very significant source of Swiss jurisprudence on international arbitration for some time. The CAS is based in Lausanne, as you know, and the number of decisions it issues is important.

FIFA Tribunals are not “arbitral tribunals”

February 7, 2017

It deals with the recurrent issue of jurisdiction, yet this time not the jurisdiction of the Court of Arbitration for Sport (CAS) but rather of the previous instance (in casu the FIFA Dispute Resolution Chamber, DRC).

No violation of the right of the parties to be heard if the arbitral tribunal dismisses a party's untimely request to hear an additional witness

July 20, 2011

The case is not without interest and it involved the technical director and chief coach of the national team of Jamaica, a Mexican citizen of Serbian origin, who had been hired in late 2006, and was terminated in November 2010. The coach filed a claim with the Players’ Status Committee of FIFA and he was awarded USD 1,000,000 for wrongful termination in February 2010. The Jamaican Football Federation appealed that decision to the Court of Arbitration for Sport (CAS).

Swiss Arbitration Decisions

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