Swiss Arbitration Decisions

Use double-quotes to match a sentence or a date. Format dates as follows: "month dd, yyyy". (eg.: "february 23, 2007")
Found 56 result(s)
December 22, 2008

The case involved the Court of Arbitration for Sport (“CAS”) trying to deal with an application to the UEFA by Gibraltar. After a first CAS decision of October 22, 2003 pursuant to which the UEFA was ordered to decide on Gibraltar’s application, membership was denied by the UEFA Executive Committee and a new appeal was made to the CAS. On July 6, 2006 the CAS ordered UEFA to admit Gibraltar provisionally and to put the matter on the agenda of its next Congress, which again denied membership.

Case information

Docket number: 
4A_392/2008
Original language: 
French
Published: 
27 ASA Bull 547 (2009)
also see 3 SwissIntArbRep 1 (2009)
Parties
Counsel
PDF version of the translation: 
Chairman: 
April 12, 2010

The decision of the Federal Tribunal of April 12, 2010 relates the matter of Yücel KOP v. International Association of Athletics Federations (IAAF) and Turkish Athletic Federation (TAF).

As sport arbitration cases go, this one is quite interesting because it raises some delicate issues, which the Federal Tribunal disposed of without perhaps reviewing them as far in depth as it could have.

Case information

Docket number: 
4A_624/2009
Original language: 
French
Published: 
29 ASA Bull 159 (2011)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
PDF version of the translation: 
January 4, 2012

This judgment, dated January 4, 2012 and the first decision issued in 2012, is quite interesting and deserves reading.

It involved a Tunisian businessman who entered into certain agreements with some foreign companies. The agreements contained an opting out of appeals worded as follows:

“The decision of the arbitration shall be final and binding and neither Party shall have any right to appeal such decision to any court of law”.

Case information

Docket number: 
4A_238/2011
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
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): 
January 23, 2012

Case information

Docket number: 
4A_528/2011
Original language: 
German
Parties
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: 
January 10, 2013

It is the first Swiss episode in the saga of the dispute between the Nationally Iranian Oil Company (“NIOC”) and the State of Israel.

 

Case information

Docket number: 
4A_146/2012
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
April 29, 2013

Case information

Docket number: 
4A_512/2011
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
August 5, 2013

The case involved a dispute between a Slovakian and a Czech football club as to training compensation for a young player trained by the Slovakian club and subsequently hired by the Czech club.

The FIFA Dispute Resolution Chamber rejected the claim and the Slovakian club appealed to the Court of Arbitration for Sport (CAS).

Case information

Docket number: 
4A_274/2013
Original language: 
German
Parties
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
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: 
January 21, 2014

The case concerned a 1977 contract between and Iranian company and a Swiss company for the purchase of Iranian crude oil destined for three Israeli companies. The contract was governed by Iranian law and contained an arbitration clause.

Case information

Docket number: 
4A_250/2013
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
April 26, 2016

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.

 

Case information

Docket number: 
4A_342/2015
Original language: 
French
Published: 
ATF 142 III 360, 35 ASA Bull 178 (2017)
Parties
Counsel
PDF version of the translation: 
Chairman: 
November 3, 2016

The case involved four contracts governed by Swiss law providing for the payment of consultancy fees for the assistance given in connection with the award of tenders concerning infrastructure projects.

 

The consultants were paid in part but the payments were stopped as a consequence of investigations in the USA by the Department of Justice and in the United Kingdom by the Serious Fraud Office showing a suspicion of corruption against the consultant.

 

Case information

Docket number: 
4A_136/2016
Original language: 
French
Published: 
35 ASA Bull 129 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
January 18, 2017

The case involved a Share Purchase Agreement, between a company in Belize and another governed by Jordanian law, providing for LCIA arbitration in Zurich. The contract contained a clause waving any appeal against the arbitral award.

 

Case information

Docket number: 
4A_500/2015
Original language: 
French
Published: 
35 ASA Bull 959 (2017), ATF 143 III 55
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
July 11, 2017

The case involved two contracts for consulting services relating to the preparation and submission of tenders in the railway sector. The consultants were partially paid, but payments were stopped when, according to the tendering companies, insufficient proof of work was supplied and concerns arose that continuing to pay the consultants would risk criminal sanctions.

 

Case information

Docket number: 
4A_50/2017
Original language: 
French
Published: 
36 ASA Bull 714 (2018)
Parties
Respondent: 
Counsel
PDF version of the translation: 

Pages