Swiss Arbitration Decisions

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Found 56 result(s)
August 21, 2008

The case is nothing to write home about but it still diserves a quick perusal. It involved an ICC arbitration in Bern with Prof. Wolfgang Wiegandt as chairman, dealing with a 1986 Joint Venture Agreement ("JVA") between two companies in Italy and Bosnia-Herzegovina. The case was stayed due to the political situation for quite a while, then a partial award was issued determining, among other things, that Swiss law applied to the JVA.

Case information

Docket number: 
4A_194/2008
Original language: 
German
Published: 
26 ASA Bull 793 (2008)
also see 2 SwissIntArbRep 283 (2008)
Parties
Appellant: 
Respondent: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Arbitrator (s): 
January 26, 2017

On June 4, 2009, the Argentinian professional football player Z.________ and the Italian Club X.________ concluded a five-year employment contract. The player terminated the contract for cause on July 1, 2013, and shortly afterwards he concluded another employment contract with the Argentinean football Club Y.________.

Case information

Docket number: 
4A_716/2016
Original language: 
French
Parties
Counsel
PDF version of the translation: 
October 6, 2009

The decision is certainly a historic one. For the first time ever, the Swiss Supreme Court has decided to accept a petition for revision and order an international arbitral award annulled because the arbitrators were fraudulently misled.

Case information

Docket number: 
4A_596/2008
Original language: 
French
Published: 
28 ASA Bull 318 (2010)
also see 3 SwissIntArbRep 401 (2009)
Parties
Counsel
PDF version of the translation: 
October 9, 2012

The case involved a Belgian professional mountain biker banned for two years and fined in November 2010 because clomiphene had been found in his urine.

 

The International Cycling Union (“ICU”) appealed to the Court of Arbitration for Sport (“CAS”) and sought a higher fine. The athlete also appealed.

 

Case information

Docket number: 
4A_110/2012
Original language: 
French
Published: 
31 ASA Bull 174 (2013)
Parties
Counsel
PDF version of the translation: 
Chairman: 
May 8, 2013

Case information

Docket number: 
4A_439/2012, 4A_457/2012
Original language: 
French
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
April 29, 2013

The case involved an athlete who ran away from an anti-doping test by refusing to meet the Doping Control Officer. His federation did not sanction him and an appeal was made to the Court of Arbitration for Sport by the International Association of Athletics Federations.

 

Case information

Docket number: 
4A_730/2012
Original language: 
French
Published: 
32 Asa Bull 68 (2014)
Parties
Counsel
PDF version of the translation: 
August 22, 2018

Case information

Docket number: 
4A_298/2018
Original language: 
French
Parties
Appellant: 
Counsel
Respondent: 
December 6, 2012

The case concerned another alleged breach of employment contract by a player who signed with another club before his employment contract expired.

Case information

Docket number: 
4A_276/2012
Original language: 
French
Published: 
32 Asa Bull 77 (2014)
Parties
Counsel
PDF version of the translation: 
March 3, 2014

The case involved the well-known football player Ismaël Bangoura, the Al-Nasr sports club of Dubai, and the French FC Nantes.

In 2010, Bangoura transferred from a French club to Al-Nasr and certain commitments were made with regard to his salary. The following year, he left Dubai without authorization from Al-Nasr and in early 2012 he signed a contract with Nantes.

Case information

Docket number: 
4A_304/2013
Original language: 
French
Published: 
32 ASA Bull 384 (2014)
Parties
Counsel
PDF version of the translation: 
January 6, 2014

Case information

Docket number: 
4A_476/2013
Original language: 
French
Published: 
32 ASA Bull 54 (2014)
Parties
Counsel
December 2, 2016

A very short opinion dated December 2, 2016, which is of little interest, except for the reference made to a Redfern Schedule at 3.2.1 in the opinion.

Otherwise, regretfully in these writers’ opinion, the Federal Tribunal simply reiterates its very narrow construction of the principle of pacta sunt servanda to reject the appeal against the July 29, 2016 award in a dispute involving a claim against an estate raised in a Swiss Chambers Arbitration.

Case information

Docket number: 
4A_522/2016
Original language: 
French
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 

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