The Swiss International Arbitration Law Reports provides for the first time a full English translation of the decisions made by the Swiss Federal Supreme Court on a biannual basis, irrespective of whether the original decision was published in the German, French or Italian language, or whether the decision has been officially published or is simply available on the Court’s website. The English translation is presented in parallel to the original text of each decision, and it is preceded by a head note and a summary of the decision for the reader in a hurry. All decisions directly relating to international arbitration will be translated, including those that deal with setting aside proceedings, the enforcement of arbitration agreements or the recognition and enforcement of foreign arbitral awards in Switzerland under the New York Convention, 1958.
Switzerland is historically one of the preferred venues for international commercial arbitration. Arbitrations taking place in Switzerland relate not only to contracts between European corporations, but also to contracts made in East-West trade or contracts between parties in the Northern and the Southern hemisphere.
The most important decisions on international arbitration are made by Switzerland’s highest court, the Federal Supreme Court. Anyone who needs to consider the position of the Swiss law on international arbitration is bound to consult these decisions. In addition, due to the leading role of Switzerland in international arbitration, the Court’s decisions are frequently relied upon by arbitral tribunals in international arbitrations outside Switzerland.
This work is edited by two well-known Swiss practitioners, both of whom are engaged full-time in international arbitration as counsel and arbitrators, and have published widely on issues of international law and arbitration.
This publication will be of great use to arbitrators, the parties and their lawyers as well as commentators who will benefit from access to case law in one key jurisdiction for international arbitration.
2007 Volume 1 & 2
Introduction by the General Editors
About the General Editors
Table of Abbreviations
Table of Cases Reported and Translated
Table of Cases Cited
Table of Treaties, Statutory Instruments, Arbitration Rules and other Private Regulations
Reported and Translated Cases
Table of Cases Reported and Translated
I. Setting Aside Proceedings against Arbitral Awards
1. X. S. A. D. v. Fédération Internationale de Football Association (FIFA) and the Court of Arbitration for Sport (CAS) [The Spanish Football Club], 5 January 2007
2. X. Sàrl v. Estate in bankruptcy of Y. SA and ad-hoc Arbitral Tribunal c/o Dominique Brown-Berset, Esq. [The Pre-paid Phone Cards], 9 January 2007
3. X. v. Y. and the Court of Arbitration for Sport (CAS) [The Greek Football Club], 14 February 2007
4. B. v. A. and ad-hoc Arbitral Tribunal c/o Daniel Wehrli, Esq. [The Two Call Options], 19 February 2007
5. X. v. ATP Tour and the Court of Arbitration for Sport (CAS) [The Association of Tennis Professionals Waiver], 22 March 2007
6. X. Ltd., Y. Corps and Z. v. A. and ICC Sole arbitrator, Salah El Majri, Esq. [The Lebanon Ski Resort], 30 March 2007
7. X. v. Y. and ICC Arbitral Tribunal c/o Paolo Michele Patocchi, Esq. [The Beirut University Assignment], 11 April 2007
8. X. GmbH v. A. [The Four Agency Agreements for Middle East], 28 March 2007
9. X. v. Y. and Z. [The Withdrawal of an Application to Set Aside, No. 1], 30 April 2007
10. A. Srl v. B. Ltd. and Arbitral Tribunal c/o Spartaco Chiesa, Esq. [The Porcelain Design & Distribution], 27 February 2007
11. X. Ltd. v. Y. and WIPO Arbitral Tribunal [The Coffee Percolator Patent], 6 June 2007
12. X. v. A., B., C., D. [The Turkish Football Club], 13 July 2007
13. A. v. World Anti-doping Agency [The Portuguese Football Federation], 8 June 2007
14. X. v. Y. [The First Division Championship], 28 August 2007
15. Mrs Y. v. Z. and ad-hoc Arbitral Tribunal [The Bahamian Offshore Structure], 21 September 2007
16. Sàrl X. v. Y. AG [The Algerian Brewery], 26 September 2007
17. X. v. Y. [Costs in Setting Aside Proceedings, No. 1], 5 November 2007
18. X. GmbH v. Y. [The Withdrawal of an Application to Set Aside, No. 2], 15 November 2007
19. V. AG v. 1. A. 2. B. 3. C. 4. D. 5. W. & Co. 6. E. 7. F. 8. G. 9. H. 10. J. 11. K. 12. L. 13. X. 14. M. 15. N. 16. Y. AG 17. Z. Inc. [Costs in Setting Aside Proceedings, No. 2], 29 November 2007
20. X. v. Y. [The Withdrawal of an Application to Set Aside, No. 3], 30 November 2007
21. X. v. Y. [The Belgian Divorce Agreement], 14 November 2007
Appendix: Swiss Federal Private International Law Act, 1987
Praise for The Swiss International Arbitration Law Reports:
"Practitioners all over the world should be grateful to the editors of The Swiss International Arbitration Law Reports for making the wealth of Swiss case law on international arbitration, scattered until now, so easily accessible in English, the language used in the vast majority of international arbitrations having their seat in Switzerland."
-Pierre A. Karrer, Honorary President of ASA (Swiss Arbitration Association); Vice President, Arbitration Institute of Stockholm Chamber of Commerce (SCC)
"Switzerland is one of the leading centres of international arbitration and decisions of the Swiss Federal Supreme Court are therefore of considerable interest. By providing English translations of these decisions the editors make them much more accessible to arbitration practitioners worldwide. Messrs Patocchi and Scherer are to be congratulated on this exciting initiative."
-Michael Pryles, Council member ICCA
"This welcome publication, available in the English language, is not only an indispensable tool for all those interested in transnational arbitration in Switzerland; but also, given the long and successful traditions of Swiss jurisprudence on international arbitration, a most useful tool for all those interested in arbitration everywhere."
-V.V. Veeder, member of Essex Court Chambers
"This is an extremely valuable resource, meticulously prepared by two leading Swiss international arbitration practitioners, and will prove invaluable on both sides of the Atlantic. It will be essential for all practitioners in the field, whether in Switzerland or abroad."
-Gary Born, Partner, WilmerHale, London
"Switzerland is one of the most popular centres for international arbitrations in Europe. It follows that the supervisory legal regime applicable to such arbitrations held in that jurisdiction is of considerable interest to international arbitration practitioners around the world, and their clients. The case reports will appear in the original language as well as in English translation, and deserve a warm welcome by the international arbitration community."
-Martin Hunter, Professor of International Dispute Resolution at Nottingham Law School
"The Swiss International Arbitration Law Reports are bound to become indispensable for international arbitration practitioners because of the importance of Switzerland as a seat of arbitration and the high regard in which decisions of the Federal Supreme Court are held. I appreciate, in particular, the very helpful head notes and summaries which guide busy practitioners to the material they require."
-Judith Gill, Partner, Allen & Overy, London; Director of the LCIA; member of the LCIA Court and member of the ICC UK Arbitration Group
Review of The Swiss International Arbitration Law Reports:
"The present publication will, for the first time, make Swiss Federal Supreme Court decisions relevant to the arbitration practitioner available in the lingua franca of the 21st century and thus allow the international arbitration community to benefit from the Swiss jurisprudence on international arbitration more widely. [...]
This new publication is recommended to anyone involved in arbitration work at the international level. In future, neither practitioners nor researchers will be able to do without it."
-Arbitration (The International Journal of The Chartered Institute of Arbitrators); Review by Gordon Blanke