Swiss Arbitration Decisions

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No duty of the arbitral tribunal to expressly address any and all points raised

August 17, 2015

The case involved a Consultancy Services Agreement entered into in February 2011. The contract provided for ICC arbitration in Zürich and it was governed by Swiss law.

When a dispute arose as to the fees due under the CSA, the ICC appointed Pierre-Yves Gunter as sole arbitrator and an award was issued in December 2014, essentially upholding the claim.

An appeal was made to the Federal Tribunal and the following may be of some interest in the opinion:

Federal Tribunal affirms jurisdiction of arbitral tribunal following challenge to interim award in investor-state arbitration

December 11, 2018

X.________, a German telecommunications company, acquired shares in A.________, an Indian company that was created to implement a government-organized project to build a communications platform in India, made possible by the utilization of satellites to be built and launched by the Indian Space Research Organisation. X.________ acquired the shares through its wholly-owned subsidiary, X.________ Asia Pty Ltd.

"Portuguese" partial reversal of Vivendi on capacity to be a party to a Swiss arbitration

October 16, 2012

The case involved a Portuguese company created as a joint venture by three German companies. The JV entered into a Sales and Purchase Agreement with a Chinese company in 2008, containing an arbitration clause providing for ICC arbitration in Geneva.

Appeal from a complex contract arbitration fails to clear the hurdles of the right to be heard

April 25, 2017

While the arbitration itself was born from a fascinating tripartite contract dispute with its roots inthe political upheaval following the so-called “Arab Spring,” the Federal Tribunal’s decision is of average interest only, as the Court was, once again, inclined to reiterate its narrow scope of review on the “right to be heard” (due process) in international arbitration.

Swiss Arbitration Decisions

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