Swiss Arbitration Decisions

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Right to be heard, equal treatment of the parties - Legal fees awarded by arbitrator

October 28, 2008

The case involved an arbitration in Geneva based on a 2007 contract between a Swiss and a Canadian company. The contract was governed by Swiss law. The arbitration clause provided for arbitration under the aegis of the Geneva Chamber of Commerce and Industry. A sole arbitrator was appointed (Mr. Bernd Ehle, a partner of the Geneva arbitration firm Lalive, see www.lalive.ch) and on May 13, 2008 the arbitrator issued a final award granting monetary damages.

Objections not raised in the arbitration are forfeited

February 1, 2016

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.

Res judicata effect of a foreign judgment

May 27, 2014

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.

Different between a mere procedural order and an award

November 4, 2014

The case involved a 2013 contract governed by Swiss law between a New York company and a Swiss company for the construction of a Turkish bath in a Gstaad chalet. As the price of the hammam was substantial – some USD 31 million – the contract provided for payment in various installments and contained an arbitration clause in favour of the Swiss Chambers’ Arbitration Institution rules (Swiss Rules) with venue in Geneva.

Jurisdiction of the Arbitral tribunal decision on Lausanne Court of Arbitration for Sport

March 18, 2013

The case involved the coach of the Bulgarian national football team and a contract governed by Bulgarian law. The contract also stated that disputes would be referred to “the competent court” and that the parties “recognized” the Court of Arbitration for Sport (CAS) in Lausanne.

New arguments inadmissible in the reply

October 8, 2014

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.

The right to the appointment of an expert by the arbitral tribunal is not violated where the request was not made in a timely manner and in proper form

June 14, 2011

This fairly interesting decision issued on June 14, 2011 involved a dispute between a Turkish company and its Polish contractor with regard to the construction of the boiler in an industrial power plant in Bulgaria. The pertinent contracts provided for ICC arbitration in Zurich and when a dispute arose as to the responsibility for the delays in the performance of the work, the Turkish company filed a request for arbitration.

Swiss Arbitration Decisions

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