Swiss Arbitration Decisions

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.

This decision, which addresses jurisdictional issues in one of the Yukos cases, is certainly worth reading, even though, in this writer’s opinion, it is completely wrong and will only add to the regrettable confusion that the case law of the Federal Tribunal has created in the last few years with regard to the admissibility of appeals against international “awards” and the consequence of failing to appeal.

The case involved a 1999 Distribution Agreement between a German company (and presumably its subsidiary in Egypt) on the one hand and an Egyptian company on the other hand.