Swiss Arbitration Decisions

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Found 17 result(s)
December 10, 2007

The ENUSA decision of the Federal Tribunal, which is the Supreme Court of Switzerland, related to a dispute between a Spanish company and an American company arising from a Marketing Agreement of August 1, 2003. The Marketing Agreement had been concluded between SHS CERAMICAS S.A., a Spanish company, which subsequently assigned its claim to ENUSA Industrias Avanzadas S.A. and LIPO CHEMICALS Inc. of New Jersey.

Case information

Docket number: 
4A_352/2007
Original language: 
French
Published: 
26 ASA Bull 322 (2008)
also see 2 SwissIntArbRep 29 (2008)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
January 9, 2008

The appeal was directed against an ICC award issued by Prof. Wolfgang Wiegand on September 21, 2007. Prof Wiegand, a leading speciallist of international arbitration, was sole arbitrator and the venue of the arbitration was Geneva.

Case information

Docket number: 
4A_450/2007
Original language: 
French
Published: 
2 SwissIntArbRep 15 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
October 29, 2008

The Federal Tribunal refers to two arbitrations. As it happens, I was one of the arbitrators in one of the two and it might not be fully appropriate for me to comment or criticize the decision.

Accordingly, I will simply point out the issues the Federal Tribunal dealt with:

(i) Section 3 of the opinion deals with jurisdiction. The interesting part is at 3.3.1.2 at pages 10 – 11.

Case information

Docket number: 
4A_210/2008
Original language: 
French
Published: 
2009, ASA Bulletin 309
2 SwissIntArbRep 495 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
July 28, 2010

The case does not relate to an appeal against an arbitral award stricto sensu. It is actually a New York Convention case, and as there are not many in Swiss practice, we thought it was worth making it available to our readers.

 

Case information

Docket number: 
4A_233/2010
Original language: 
French
Published: 
30 ASA Bull 97 (2012)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
May 2, 2012

The case, dated May 2nd 2012 and of limited interest, involved a contract between a Luxemburg company specializing in the trade of metals and minerals and a licensed trading house in the Democratic Republic of Congo. The contract they concluded in 2008 was governed by Swiss law and provided for ICC arbitration in Geneva.

Case information

Docket number: 
4A_16/2012
Original language: 
German
Published: 
32 ASA Bull 645 (2014)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
July 2, 2012

This decision dated July 2, 2012 concerns the New York Convention. As you will see, the case did not involve an appeal against an international arbitral award stricto sensu but rather an appeal against a judgment of the Cantonal Court of Schwyz, which had confirmed a decision of the District Court of Höfe as to the enforcement of an international award in Switzerland.

Case information

Docket number: 
5A_754/2011
Original language: 
German
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
May 24, 2013

The case involved a football club in Mexico and a Brazilian player. A dispute as to the player’s compensation resulted in a decision of the FIFA Dispute Resolution Chamber in November 2010, holding that it did not have jurisdiction, whereupon the player filed a claim with the Mexican Conciliation and Resolution of Controversies Commission (“CRCC”). On July 26, 2011, the CRCC found that the claim was time-barred under applicable Mexican law.

 

Case information

Docket number: 
4A_476/2012
Original language: 
German
Published: 
32 Asa Bull 148 (2014)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
September 30, 2013

The case involved a distribution agreement between an English company and a Greek company. The contract was governed by English law and provided for ICC arbitration in Geneva.

The English company subsequently advised its Greek counterpart that the goods would henceforth be sent and invoiced by an Italian company as a consequence of an administrative reorganization of the group.

Case information

Docket number: 
4A_232/2013
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
July 26, 2013

Case information

Docket number: 
5A_68/2013, 5A_69/2013
Original language: 
French
Published: 
32 ASA Bull 326 (2014)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
January 27, 2014

The case involved an ICC arbitration in Geneva in which a three-member arbitral tribunal (Chairman Ibrahim Fadlallah with arbitrators Jean Marie Vuillemin and Mohammed el Mernissi) issued an award on September 12, 2013, essentially ordering a Moroccan company to pay the balance of the purchase price of a mill delivered by a Spanish company along with various services.

 

Case information

Docket number: 
4A_509/2013
Original language: 
French
Published: 
32 ASA Bull 809 (2014)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
April 7, 2014

The case involved two football teams and a football federation. One of the teams was denied a license to play in the first division of the championship for the following season as it was involved in bankruptcy proceedings. However the team ended up playing in a qualifying playoff game, which it won, therefore obtaining the right to play in the first division of the championship for the following year – despite the bankruptcy proceedings.

 

Case information

Docket number: 
4A_564/2013
Original language: 
French
Published: 
32 ASA Bull 854 (2014)
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
September 25, 2014

Case information

Docket number: 
5A_165/2014
Original language: 
German
Published: 
33 ASA Bull 393 (2015)
Parties
Appellant: 
Respondent: 
Counsel
January 6, 2010

The case involved an ICC arbitration in Zurich between the successors of a Romanian company, which had entered into a contract with a consortium composed of a Finnish and a German company for the rehabilitation and the modernization of a power plant in Romania. The Consortium initiated arbitral proceedings and a three-arbitrator panel was constituted (Mark Blessing as Chairman, with Andreas Reiner and Victor Tanarescu as arbitrators).

Case information

Docket number: 
4A_348/2009
Original language: 
French
Published: 
28 ASA Bull 772 (2010)
Parties
Counsel
PDF version of the translation: 
Chairman: 
August 20, 2012

In 2007 a Swiss company, a Dutch company and a bank entered into a contract whereby the two companies were to control the delivery and storage of cereals bought by a third party - also a signatory of the contract - by way of the credit lines the Swiss bank was making available for this purpose.

Case information

Docket number: 
4A_240/2012
Original language: 
French
Published: 
31 ASA Bull 100 (2013)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
January 23, 2012

On January 23, 2012, the Federal Tribunal issued two opinions in two parallel cases (4A_526/2011 and 4A_528/2011). The opinions are of moderate interest and since they are almost identical and contain no material differences, It is suggested that whoever is interested in this case should read only the opinion in docket 4A_526/2011.

Case information

Docket number: 
4A_526/2011
Original language: 
German
Parties
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 

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