Swiss Arbitration Decisions

The case involved the construction of a bridge across a European river. In 2004, a contract, governed by the law of the country in which the bridge was to be built, was entered into for a number of pillars and the relative superstructures. The contract contained an ICC arbitration clause. Unbeknownst to the contractor, another contract was also signed in 2004, awarding the works to a different company.

In a share purchase agreement governed by German law and providing for ICC arbitration in Zürich, a dispute arose, involving a possible adjustment to the purchase price. In case of disagreement, the price adjustment was to be assessed by a “neutral auditor” whose determination would be “binding.” The parties could not reach an understanding and there was arbitration with claims and counterclaims.

Pursuant to a 2003 Distribution Agreement, two companies entered into a relationship governed by a law other than Swiss law concerning the distribution of pharmaceuticals. The contract contained an arbitration clause and a dispute arose as to whether or not certain additional services had been performed, which caused some new products to be accepted in the country considered.