Swiss Arbitration Decisions

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Dismissal of an appeal to set aside an ICC award; violation of the right to be heard cannot be claimed merely to disguise what is effectively an attempt at reassessing the evidence

October 18, 2011

The case involves a 2006 contract between an English company and a Canadian resident, acting as trustee for a trust that owned the shares of a company, sold the shares to the buyer. Simultaneously, an employment contract was entered into between the company owned by the trust, which was based in the United Arab Emirates and an Italian resident with a view to his future employment as a managing director.

Narrow interpretation of the rule of pacta sunt servanda

October 29, 2013

The case involved three license agreements for TV rights, entered into in 2009 and 2010. The licensors started arbitration proceedings in the Court of Arbitration for Sport (CAS) and on December 20, 2012, the CAS Panel consisting of Hans Nater as sole arbitrator rejected the claim while partially upholding a counterclaim by the licensee.

The licensors appealed to the Federal Tribunal and the following points are of some interest in the opinion:

Swiss Supreme Court upholds Energy Charter Treaty Award

February 7, 2020

In the early 2000s, the X.________ Republic (purportedly, the Czech Republic) put into place a beneficial framework designed to incentivize investment in and utilization of renewable energy. When the framework turned out to be even more successful than it ever forecasted, the Republic began to scale back parts of the program, particularly the parts that related to a feed-in tariff, or FiT. It also introduced a “solar tax”.

Swiss Arbitration Decisions

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