Swiss Arbitration Decisions

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Found 6 result(s)
Claim of issues omitted by arbitral award – rejected (award not infra petita and no violation of due process)
March 5, 2010

The case involved a Sport Federation and a press conference. While the Federal Tribunal, in accordance with its practice, made it impossible to identify the parties from the opinion as published on its website, a little bit of sleuthing on Google quickly shows that the case involved the press conference held by Mr. Rudel Obreja, a Romanian technical delegate, at the 2008 Beijing Olympics in connection with some alleged misdeeds within the International Boxing Association.

Case information

Docket number: 
4A_524/2009
Original language: 
French
Published: 
28 ASA Bull 584 (2010)
Parties
Appellant: 
X.__
Respondent: 
Y.__ International Association
Counsel
Appellant: 
Rouiller Nicolas
Respondent: 
Bettex Christian
PDF version of the translation: 
PDF icon 5 mars 2010 4A 524 2009.pdf
Chairman: 
Klein François
Arbitrator (s): 
Gauthier Paule
Haas Ulrich
Appeal against interlocutory and partial awards - Violation of public policy
February 21, 2008

This decision dated February 21, 2008 came on line in late March.  In view of its interest it has already been the object of a short comment (in French) by Laurent Hirsch in the discussion group  arbitrage-adr@yahoogroupes.fr. Laurent's comment was mailed on April 10.

Case information

Docket number: 
4A_370/2007
Original language: 
French
Published: 
2 SwissIntArbRep 89 (2008)
Parties
Appellant: 
X.__
Respondent: 
A.__ Association
SASP B.__
Counsel
Appellant: 
Aguet Cédric
Respondent: 
Rubeli Guy-Philippe
PDF version of the translation: 
PDF icon 21 fevrier 2008 ATF 4A 370 2007.pdf
Chairman: 
Rasquin Gérard
Arbitrator (s): 
Klein François
Simon Gerard
Right to be heard not violated by refusal to consolidate proceedings
October 1, 2012

The matter concerned a contract between two professional football clubs containing certain provisions with regard to compensation and other amounts to be paid as a consequence of the transfer of a professional player. The first contract, dated July 17, 2007, was concluded with the assistance of a company active in the transfer of players for one of the clubs.

Case information

Docket number: 
4A_312/2012
Original language: 
French
Parties
Appellant: 
Club X.__ Ltd.
Respondent: 
Club Y.__
Counsel
Appellant: 
Salamian Afshin
Respondent: 
Philippot Pascal
PDF version of the translation: 
PDF icon 1 octobre 2012 4A 312 2012.pdf
Chairman: 
Pintó Sala José Juan
Arbitrator (s): 
Bernasconi Michele
Klein François
Right to be heard not violated by refusal to consolidate proceedings.
October 1, 2012

The matter concerned a contract between two professional football clubs containing certain provisions with regard to compensation and other amounts to be paid as a consequence of the transfer of a professional player. The first contract, dated July 17, 2007, was concluded with the assistance of a company active in the transfer of players for one of the clubs.

Case information

Docket number: 
4A_312/2012
Original language: 
French
Parties
Appellant: 
Club X.__ Ltd.
Respondent: 
Club Y.__
Counsel
Appellant: 
Salamian Afshin
Respondent: 
Philippot Pascal
PDF version of the translation: 
PDF icon 1 octobre 2012 4A 312 2012.pdf
Chairman: 
Pintó Sala José Juan
Arbitrator (s): 
Bernasconi Michele
Klein François
Reasonable standards of evidence cannot be contrary to public policy
March 27, 2014

The case concerned the sports director of a Ukrainian football club, a Yevhen Krasnikov, who was involved in a disgraceful incident in April 2008, in which a substantial payment was made to the players of FC Karpaty, another Ukranian club, to fix a game which FC Metalist won 4:0.

Case information

Docket number: 
4A_362/2013
Original language: 
German
Parties
Appellant: 
X.__
Respondent: 
The Football Federation of Ukraine (FFU)
Counsel
Appellant: 
Sprecher Thomas
Livschitz Tamir
Respondent: 
Rüd Andreas
PDF version of the translation: 
PDF icon 27 mars 2014 4A 362 2013.pdf
Chairman: 
Duve Christian
Arbitrator (s): 
Hanotiau Bernard
Klein François
Filing by fax may not be acceptable
February 9, 2017

The case involved the termination of an employment contract between a professional football player X (the Player) and the club A without cause (alongside clubs B. and C). The FIFA DRC Decision found that the Player and club C. were jointly and severally liable for the payment to A. of EUR 3'100'000, including interest, as compensation for termination of the contract without cause, in accordance with Art. 17(1) of the Regulations on the Status and Transfer of Players (RSTP).

Case information

Docket number: 
4A_690/2016
Original language: 
French
Published: 
35 ASA Bull 670 (2017)
Parties
Appellant: 
X.__
Respondent: 
A._
B.__
C.__
Fédération Internationale de Football Association (FIFA)
Counsel
Appellant: 
Reymond Jean-Marc
Respondent: 
Sánchez Fernández Sergio Antonio
Demir Jale
Topuz Ali
Jenny Christian
PDF version of the translation: 
PDF icon 9 février 2017 4A 690 2016.pdf
Chairman: 
Coccia Massimo
Arbitrator (s): 
de Buen Ricardo
Klein François