Swiss Arbitration Decisions

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Found 57 result(s)
Public policy defense under the New York Convention
February 26, 2015

The case involved a dispute between a Mexican football club and some Argentine coaches. In 2009, they entered into an employment contract with the club and the contract had dispute resolution clause, yet confusingly providing for jurisdiction of a state court as well as jurisdiction of the Mexican Football Federation.

 

Case information

Docket number: 
4A_374/2014
Original language: 
French
Parties
Appellant: 
Club A.__
Respondent: 
B.__
C.__
Counsel
Appellant: 
Mr. X.__
Mr. Y.__
Respondent: 
Mr. Z.__
PDF version of the translation: 
PDF icon 26 fevrier 2015 4A 374 2014.pdf
Reference to Swiss law includes the Vienna Conventional on Contracts for the International Sale of Goods; claims of violation of the right to be heard and of public policy rejected
December 16, 2009

This opinion of the Federal Tribunal, dated December 16, 2009, relates to an arbitration in Zurich based on a 2001 contract concerning the delivery of hydrofluoric acid.

The contract was governed by Swiss law. Arbitration proceedings were initiated in Zurich in February 2006 and on April 3, 2009 the ICC Arbitral Tribunal issued an award granting part of the claims and rejecting the counterclaim.

Case information

Docket number: 
4A_240/2009
Original language: 
German
Published: 
30 ASA Bull 457 (2011)
Parties
Appellant: 
X.__
Y.__
Respondent: 
Z.__
Counsel
Appellant: 
Girguis André A.
Respondent: 
Frey Harold
Müller Dominique
PDF version of the translation: 
PDF icon 16 decembre 2009 4A 240 2009.pdf
Failure to raise a violation of the right to be heard immediately in the arbitration proceedings; the question of the independence and impartiality of an arbitral tribunal is not an issue of public policy; legal aid denied because of the appeal was doomed to fail.
October 3, 2011

Frankly this case, dated October 3, 2011, is of a very limited interest but it does contain some interesting points.

 

An athlete was banned for life by the Hearing Commission of her country for refusing to submit to an anti-doping test, failing to appear for such a test or attempting to counterfeit the results. As she had been previously sanctioned, the ban was for life.

 

Case information

Docket number: 
4A_530/2011
Original language: 
French
Parties
Appellant: 
X.__
Respondent: 
Z.__
Counsel
Appellant: 
Preux Pascal de
Respondent: 
Braun Albert von
PDF version of the translation: 
PDF icon 3 octobre 2011 4A 530 2011.pdf
Arbitrator (s): 
Foucher Bernard
The alleged inexistence of the other party justifies a plea of lack of jurisdiction
December 11, 2012

At issue was a dispute governed by Swiss law between two companies and there was an ICC arbitration clause (1998 ICC Rules) providing for ICC arbitration in Geneva.

 

A three members arbitral tribunal was constituted (Jean de Hauteclocque and Albert Dupont-Willemin as arbitrators, with Guy Keutgen as chairman) and two preliminary awards were issued by the arbitrators.

 

Case information

Docket number: 
4A_414/2012
Original language: 
French
Parties
Appellant: 
X.__
Respondent: 
Z.__
Counsel
Appellant: 
Burkhardt Martin
Respondent: 
Monfrini Enrico
PDF version of the translation: 
PDF icon 11 decembre 2012 4A 414 2012.pdf
Chairman: 
Guy Keutgen
Arbitrator (s): 
Jean de Hauteclocque
Albert Dupont-Willemin
Domestic case or appeal withdrawn or manifestly inadmissible
November 5, 2013

Case information

Docket number: 
4A_540/2013
Original language: 
French
Parties
Appellant: 
X.__
Respondent: 
Z.__
Counsel
Respondent: 
Ben Belkacem Farid
Receptum arbitrii does expire if a time has been set beyond which the arbitrator loses jurisdiction
January 28, 2014

In his arbitration newsletter of April (www.thouvenin.com) Hans Jörg Stutzer called it, “an incredible story.” This may have been somewhat overstated but the case is indeed exceptional.

 

Case information

Docket number: 
4A_490/2013
Original language: 
French
Published: 
32 ASA Bull 617 (2014), 140 III 75
Parties
Appellant: 
X.__ A G
Respondent: 
Z.__
Counsel
Appellant: 
Orjales Cristobal
Soltermann Etienne
Respondent: 
Stanislas Guy
PDF version of the translation: 
PDF icon 28 janvier 2014 4A 490 2013.pdf
Hopeless appeal summarily rejected
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: 
X.__ SA
Respondent: 
Z.__
Counsel
Appellant: 
Schweizer Philippe
Respondent: 
Cenko Ilir
PDF version of the translation: 
PDF icon 27 janvier 2014 4A 509 2013.pdf
Domestic case or appeal withdrawn or manifestly inadmissible
January 13, 2014

Case information

Docket number: 
4F_2/2014
Original language: 
French
Parties
Appellant: 
X.__
Respondent: 
Z.__
Counsel
Respondent: 
Ben Belkacem Farid
Arbitral tribunal irregularly composed if the requirements in the arbitration clause are not met
November 13, 2013

The case involved a dispute concerning a consultancy agreement by which a company undertook to provide services to ensure that a football player would remain with the club for which he was playing. The arbitration clause in the consultancy agreement provided for jurisdiction of the Court of Arbitration for Sport (CAS), before a panel of three arbitrators.

 

Case information

Docket number: 
4A_282/2013
Original language: 
French
Parties
Appellant: 
Club X.__ SA
Respondent: 
Z.__
Counsel
Appellant: 
Patocchi Paolo Michele
Respondent: 
Schweizer Philippe
Zen-Ruffinen Alexandre
PDF version of the translation: 
PDF icon 13 novembre 2013 4A 282 2013.pdf
Chairman: 
Stewart Ercus
Equality of parties and public policy (again !)
July 24, 2017

This was a (very) low-value dispute between a professional football player and his Sub-Agent, about the validity of a second agreement for the payment of a sub-agent’s commission. It is worth noting that the facts occurred prior to the adoption of the FIFA Regulations on Working with Intermediaries. FIFA Player X wanted to go on a loan to another team. His exclusive representative, B, contacted the “Sub-Agent,” Z, who had links to various clubs, including Club C.

Case information

Docket number: 
4A_668/2016
Original language: 
French
Published: 
36 ASA Bull 133 (2018)
Parties
Appellant: 
X.__
Respondent: 
Z.__
Counsel
Respondent: 
Guignet Vincent
PDF version of the translation: 
PDF icon 24 juillet 2017 4A 668 2016.pdf
Domestic case or appeal withdrawn or manifestly inadmissible
December 2, 2018

Case information

Docket number: 
4A_214/2016
Original language: 
French
Published: 
35 ASA Bull 169 (2017)
Parties
Appellant: 
X.__ SA
Respondent: 
Z.__
Counsel
Respondent: 
Gruber André
Application of equity instead of a particular set of rules not a ground for annulment of the arbitral award under Art. 190 (2) (b) PILA
March 8, 2017

The case involved a labor law dispute between a football player and his club, whereby the CAS (Lars Hilliger chairing with arbitrators, Efraïm Barak and Stuart McInnes), partially confirming the FIFA DRC Decision, ordered the club to pay the unpaid salaries to the player.

Case information

Docket number: 
4A_40/2017
Original language: 
French
Published: 
36 ASA Bull 172 (2018)
Parties
Appellant: 
Club X.__
Respondent: 
Z.__
Counsel
Appellant: 
Ibarrola Jorge
Henzer Yvan
Respondent: 
Carlezzo Eduardo
Ducrey Olivier
PDF version of the translation: 
PDF icon 8 mars 2017 4A 40 2017.pdf
Chairman: 
Hilliger Lars
Arbitrator (s): 
Barak Efraïm
McInnes Stuart
Appeal against a CAS Award reviews scope and limits of res judicata
March 16, 2020

This case concerns a dispute between a football club (the Appellant) and an Agent for the payment of a sum based on an agency contract for the employment contract and future transfers of a young player. The contract had two main clauses, one providing for the remuneration of the Agent for (1) the contracts of employment between the Appellant and the player, and (2) a financial contribution in the event of a future transfer of the Player to a third club.

 

Case information

Docket number: 
4A_536/2018
Original language: 
French
Parties
Appellant: 
Club A .__
Respondent: 
Z.__
Counsel
Appellant: 
Ibarrola Jorge
Respondent: 
Rigozzi Antonio
PDF version of the translation: 
PDF icon SIAD - 4A_536-2018 of 16 March 2020.pdf
Failure to appoint an independent expert not a violation of the right to be heard
August 28, 2017

A company and a state contracted over four tourism projects and when a dispute arose the company invoked the arbitration clause. An ICC Arbitral Tribunal with its seat in Geneva was constituted. An interim award found that the respondent state had in fact breached the contract between the parties and was liable for the failure to execute two of the four projects.

 

Case information

Docket number: 
4A_277/2017
Original language: 
French
Published: 
36 ASA Bull 186 (2018)
Parties
Appellant: 
Société X.__
Respondent: 
Z.__
Counsel
Appellant: 
Imhoos Christophe
Respondent: 
Haddad Elias
Al-Sarraj Aboud
PDF version of the translation: 
PDF icon SIAD - 4A_277-2017.pdf
Appeal claiming violation of public policy rejected - late submission of a brief to the Federal Tribunal (remittal to a foreign post office)
October 7, 2008

The case Federaciòn Española de Bolos ("FEB") v. Fédération Internationale des Quilleurs ("FIQ") and Federaciò Catalana de Bitllesi BowlingFederaciò Catalana de Bitllesi Bowling ("FCBB") involved an application made by FCBB to be admitted as a member of FIQ, whilst the FEB, as the Spanish Federation, was already a member of FIQ.

Case information

Docket number: 
4A_258/2008
Original language: 
French
Published: 
27 ASA Bull 137 (2009)
Parties
Appellant: 
X.__
Respondent: 
Y.__
Z.__
Counsel
Appellant: 
Dickenmann Philipp
Wey Aline
Respondent: 
Dupont Jean-Louis
J.__
S.__
T.__
PDF version of the translation: 
PDF icon 7 octobre 2008 4A 258 2008.pdf
Chairman: 
Hanotiau Bernard
Arbitrator (s): 
Carrard François
Coccia Massimo

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