Swiss Arbitration Decisions

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Found 44 result(s)
November 9, 2010

The case involved a consortium agreement between an Austrian and a German company. The contract was governed by Swiss law and it contained an ICC arbitration clause with venue in Zurich.

A dispute arose and the German company was ordered to pay some amounts to the Austrian company. The German company appealed. While the opinion contains nothing fundamentally new, the following may be of interest to my Readers:

Case information

Docket number: 
4A_428/2010
Original language: 
German
Published: 
29 ASA Bull 931 (2011)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
April 3, 2014

The case involved a 2006 contract for the delivery of a piece of machinery, which failed the final acceptance test upon delivery in 2007.

While the summary of the facts does not indicate which law governed the contract, there was an ICC arbitration clause with seat in Zürich and in October 2013, arbitrator Gabriel Simon upheld the claim and rejected the counterclaim.

Case information

Docket number: 
4A_577/2013
Original language: 
German
Published: 
32 ASA Bull 575 (2014)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
April 18, 2013

The case involved a 2010 consultancy agreement between an Italian airline and a German company, which was governed by Swiss law and contained an arbitration clause with the seat in Zurich.

 

In August 2011, the German company began arbitration proceedings to collect its fees as its work had resulted in an important technical maintenance agreement being concluded by the Italian company.

 

Case information

Docket number: 
4A_524/2012
Original language: 
German
Published: 
32 ASA Bull 344 (2014)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
October 11, 2012

At issue was a dispute between a company in Singapore and a German company that had entered into a contract in 2004 for the delivery of a plant to manufacture dialyzes. A dispute arose between the parties and the German company subsequently resold the plant to a third party.

 

Case information

Docket number: 
4A_76/2012
Original language: 
German
Published: 
31 ASA Bull 128 (2013)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
April 23, 2013

The case involved a contract between a Swiss and an Israeli company whereby the Swiss company would obtain certain compensation for the early termination of its distribution rights of a pharmaceutical in Israel and other territories.

 

The contract contained an ICC arbitration clause with venue in Zurich.

 

Case information

Docket number: 
4A_672/2012
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
June 19, 2014

The case involved a contract between a Hungarian company and its Austrian counterpart for the production of apple juice concentrate and aroma. The contract contained an arbitration clause providing for arbitration in Zürich.

 

Case information

Docket number: 
4A_597/2013
Original language: 
German
Published: 
32 ASA Bull 799 (2014)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
September 25, 2014

Case information

Docket number: 
5A_165/2014
Original language: 
German
Published: 
33 ASA Bull 393 (2015)
Parties
Appellant: 
Respondent: 
Counsel
February 7, 2017

In a dispute between a Tunisian company and a company based in Germany (“Defendant 1”) along with its Tunisian subsidiary (“Defendant 2”) over unpaid invoices, the sole Arbitrator (Raphaëlle Favre Schnyder) found Defendant 1 liable and ordered it to pay the Claimant compensation. She dismissed all the claims against Defendant 2. Defendant 1 appealed the decision to the Federal Tribunal, arguing that the Arbitrator had violated its right to be heard.

 

Case information

Docket number: 
4A_478/2016
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
January 24, 2017

The case involved a purchase agreement for a packing machine governed by Swiss law, containing a somewhat pathological arbitration clause providing for arbitration by “the International Chamber of Commerce of Geneva”,  yet under ICC Rules.

 
Arbitration was initiated by the Purchaser in 2014. The Respondent raised a jurisdictional defense in addition to its submissions on the merits.

Case information

Docket number: 
4A_672/2016
Original language: 
German
Published: 
36 ASA Bull 145 (2018)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
August 27, 2020

A German pasta maker, A.________ and an American distributor, B.________ agreed on an exclusive sales agreement for a number of countries in early 2013. B.________, in turn, initially sold contracted products to a US distributor E.________, but at the end of 2013, apparently concluded an exclusive distribution contract for the United States with D.________.

 

Case information

Docket number: 
4A_36/2020
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
October 10, 2008

The decision is quite interesting as the case involved work on a plant in Turkey, for which, among other things a bank guarantee had been issued. The parties fell out, attempts were made at calling the guarantee and an ICC arbitration ensued. The Arbitral Tribunal (Dr. Daniel Busse, Dr. Gert Thoenen and Dr. Philipp Habegger as chairman) issued a partial award on April 9, 2008.

Case information

Docket number: 
4A_224/2008
Original language: 
German
Published: 
27 ASA Bull 290 (2009)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
May 2, 2012

This very interesting opinion involved a contract governed by Swiss law for the delivery of a production line of certain materials. Ad hoc arbitration proceedings started in Geneva in January 2009. An award was issued and on December 16, 2011 I sent you the English translation of a first decision that the Federal Tribunal took in this matter on May 16, 2011.  A copy of the first decision of the Federal Tribunal is enclosed and you will find here 4A_46/2011.

Case information

Docket number: 
4A_14/2012
Original language: 
French
Published: 
138 ATF III 270 (2011)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
April 26, 2016

The case involved a 2003 contract for the sale of certain shares, governed by Turkish law, and a distributorship agreement concluded a few days later. The share purchase agreement contained an arbitration clause providing for ICC arbitration in Zürich.

 

Case information

Docket number: 
4A_342/2015
Original language: 
French
Published: 
ATF 142 III 360, 35 ASA Bull 178 (2017)
Parties
Counsel
PDF version of the translation: 
Chairman: 
February 29, 2008

The case involved an appeal against an award issued in Zurich on September 28, 2008. The Arbitral tribunal (Pierre A. Karrer, Daniel Girsberger and Daniel Wehrli, chairman) denied jurisdiction in part and this was the main object of the appeal. The Court confirmed that an award denying jurisdiction in part is final to that extent, whilst the same award, to the extent that it accepted jurisdiction in part, is an interlocutory award.

Case information

Docket number: 
4A_452/2007
Original language: 
German
Published: 
26 ASA Bull 765 (2008)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
January 29, 2010

The case involved a dispute between a Swiss and a German company with regard to the delivery of a steel bloom. Arbitration was initiated in Geneva and Prof. Ingeborg Schwenzer (University of Basel) was appointed as arbitrator. In an award of October 5, 2009, she upheld a claim for damages and the German company appealed to the Federal Tribunal.

The following items may be of interest in the opinion:

Case information

Docket number: 
4A_550/2009
Original language: 
German
Published: 
30 ASA Bull 808 (2012)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 

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