Swiss Arbitration Decisions

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Jurisdiction of Arbitral Tribunal to rule upon a preliminary issue not covered by the arbitration clause

February 7, 2011

The case arose from a somewhat complex web of contracts (described in section A of the opinion). The fact that the names are omitted does not facilitate an understanding of what the case was all about. The dispute was between France Telecom and Euskatel, and the arbitration proceedings were conducted in Geneva under ICC rules before an arbitral tribunal composed of Horacio Grigera-Naon as Chairman, with Yves Derains and José Perez-Lorca-Rodrigo as arbitrators.

Appointment of arbitrators by ordinary courts - Non-existence of arbitration clause

September 23, 2008

The case involved a sports arbitration in Lausanne, in which two Argentinean agents had been entrusted with negotiating the transfer of a player to the Spanish club Real Madrid. The transfer was not completed due to a negative medical report. The agents filed a claim with FIFA for fees, which was rejected. On February 29, 2008, the Court of Arbitration for Sports ("CAS") upheld the dismissal of the claim. The CAS arbitral tribunal was chaired by Prof. Massimo Coccia with Mr. D.

Valid waiver of appeal (clear renunciation to all setting aside proceedings) - no invalidation for duress

March 1, 2011

Two brothers entrusted the British solicitor Anthony Julius (the opinion of the Federal Tribunal, somewhat unusually, mentions the Arbitrator’s name) with settling a dispute between them. For that purpose, they entered into an agreement in July 2004, providing for ad hoc arbitration in Geneva. They waived any appeal and any rights they may have had to challenge the Arbitrator on any ground.

Swiss Arbitration Decisions

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