Swiss Arbitration Decisions

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Found 56 result(s)
December 13, 2016

Case information

Docket number: 
4A_116/2016
Original language: 
French
Published: 
35 ASA Bull 708 (2017)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
August 5, 2016

Case information

Docket number: 
4A_355/2016
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
October 17, 2017

Readers interested in investment arbitration will recognize the case of Croatia v. MOL Hungarian Oil and gas PLC and may also wish to look up the interim decision (equally interesting) at  https://www.italaw.com/sites/default/files/case-documents/italaw94017_0.pdf.

Case information

Docket number: 
4A_53/2017
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
Arbitrator (s): 
July 20, 2017

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.

Case information

Docket number: 
4A_98/2017
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
August 19, 2008

The case involved an appeal against a partial award issued on January 31, 2008 by an arbitral tribunal sitting in Geneva, with Sebastien Besson as chairman.

The dispute revolves around an industrial complex in Qatar where a company incorporated in Cyprus undertook to perform certain dredging work. A contract to that effect was signed on November 9, 2002. The contract is governed by Swiss law and it contains an ICC arbitration clause.

Case information

Docket number: 
4A_128/2008
Original language: 
French
Published: 
26 ASA Bull 777 (2008)
134 ATF III 565 (2008)
also see 2 SwissIntArbRep 323 (2008)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
January 31, 2012

This quite interesting opinion dated January 31st, 2012, involved a supply and joint venture agreement between an American and another company, essentially purporting to provide for exclusive distribution rights in the Nafta area.

Case information

Docket number: 
4A_360/2011
Original language: 
French
Published: 
30 ASA Bull 634 (2012)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Arbitrator (s): 
October 21, 2013

Case information

Docket number: 
4A_468/2013
Original language: 
French
Published: 
32 ASA Bull 323 (2014)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
February 5, 2014

The case involved a Turkish company and a Belgian company and the performance of some work on a compressor station in Turkey. A contract was signed in 2007, governed by Turkish law but with an ICC arbitration clause, with the venue in Geneva.

 

As a dispute arose for the payment of the services performed, an arbitration was initiated in November 2011 and Anne-Carole Cremades was appointed as sole arbitrator by the ICC.

 

Case information

Docket number: 
4A_446/2013
Original language: 
French
Published: 
32 ASA Bull 367 (2014)
Parties
Appellant: 
Respondent: 
Counsel
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: 
February 18, 2016

The case involved the relationship between an Iranian company and a Cypriot company with regard to steel products. A couple of transactions were concluded in the spring of 2012, including a sales contract, but no payments were made. Along with the sales contract, a draft Framework Contract was sent to the Iranian company. It included an arbitration clause providing for Swiss Chamber of Commerce arbitration in Lugano, according to the Swiss Rules.

 

Case information

Docket number: 
4A_84/2015
Original language: 
French
Published: 
ATF 142 III 239, Bull. ASA 2016, p. 967
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: 
June 27, 2016

While the case is a cause célèbre because it involved the performance and breach of contracts between an Israeli state-owned company and the National Oil Company of Iran and went through an interminable judicial saga, the matter is actually of limited interest from a legal point of view.

 

Case information

Docket number: 
4A_322/2015
Original language: 
French
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
May 3, 2016

The dispute concerned two contracts governed by Swiss law and containing the same arbitration clause, the purpose of which was for one party to invest in the shares of a certain fund through another party, who may or may not have represented that the fund’s custodial bank was guaranteeing the capital of the investment.

 

Case information

Docket number: 
4A_42/2016
Original language: 
French
Published: 
34 ASA Bull 958 (2016)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
April 25, 2017

While the arbitration itself was born from a fascinating tripartite contract dispute with its roots inthe political upheaval following the so-called “Arab Spring,” the Federal Tribunal’s decision is of average interest only, as the Court was, once again, inclined to reiterate its narrow scope of review on the “right to be heard” (due process) in international arbitration.

Case information

Docket number: 
4A_34/2016
Original language: 
French
Published: 
36 ASA Bull 996 (2018)
Parties
Counsel
PDF version of the translation: 
September 19, 2017

The case involved a final award of 23 November, 2016, issued by an Arbitral Tribunal chaired by Antonio Rigozzi, sitting with arbitrators Pierre-Yves Tschanz and Tetiana Bersheda. The arbitration was under the aegis of the Swiss Chambers' Arbitration Institution, governed by Swiss law and the venue was in Geneva.

Case information

Docket number: 
4A_12/2017
Original language: 
French
Published: 
36 ASA Bulle 173 (2018), ATF 143 III 578
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
January 11, 2017

The case involved the sale of certain goods between two companies in Turkey and Hong-Kong. A Swiss Chambers Arbitration was initiated and the sole arbitrator – a Geneva lawyer whose identity the Respondent’s counsel considers confidential – rejected the claim in an award issued on February 25, 2016.

Case information

Docket number: 
4A_188/2016
Original language: 
French
Published: 
35 ASA Bull 162 (2017)
Parties
Appellant: 
Respondent: 
Counsel
Respondent: 
PDF version of the translation: 

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