It is seldom that the Federal Tribunal ventures into the area of investment protection. As some of you may remember, it did so to address the difference between a treaty claim and a contract claim in the relatively famous case of EDF v. Hungary of October 6, 2015.
The case involved a merger governed by Austrian law, which was subject to the condition precedent that the competent anti-trust authorities of Austria would approve the merger. The parties undertook to make their “best endeavors” to obtain the approval. The approval was not granted and a claim for damages ensued as the contract between the parties contained an ICC arbitration clause with venue in Zurich.
It deals with the recurrent issue of jurisdiction, yet this time not the jurisdiction of the Court of Arbitration for Sport (CAS) but rather of the previous instance (in casu the FIFA Dispute Resolution Chamber, DRC).
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.
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