Swiss International Arbitration Law Reports - 2008 Volume 2 No. 2
No. 17
X. v. Y. SAD
[Solidarity Contribution for a Football Player’s Education]
No. 4A_18/2008
Headnote
■ A petitioner seeking to have an award set aside is under a procedural duty arising under federal law to explain each of the complaints made against the award in his application to set aside (confirmation of previous decisions).
■ The complaint that the arbitrator erred in interpreting and construing a legal or contractual provision, or a provision of similar nature, is per se inadmissible in setting aside proceedings (confirmation of previous decisions).
■ Where a complaint made in setting aside proceedings against an award in substance amounts to the proposition that the arbitrator erred in failing to accept the petitioner’s argument on a given point, such complaint is in principle inadmissible as the Swiss Federal Supreme Court has no jurisdiction to review awards on the merits. Setting aside proceedings are to be carefully distinguished from an appeal on the merits; no such appeal lies against an award made in an international arbitration in Switzerland.
PDF of Title Page and T.O.C.
Message by the General Editors
About the General Editors
Table of Abbreviations
Table of Cases Reported and Translated
Table of Cited Cases
Table of Treaties, Statutory Instruments, Arbitration Rules and other Private Regulations
Reported and Translated Cases
17. (2008) X. v. Y. SAD [Solidarity Contribution for a
Football Player’s Education], 20 June 2008 –
No. 4A_18/2008
18. (2008) X. v. Y. Srl and Z. SpA [The Plate Punch
Manufacturers], 21 August 2008 –
No. 4A_194/2008
19. (2008) X. v. Y., 14 August 2008 – No. 4A_234/2008
20. (2008) X. Ltd v. Y. and Z. S.p.A. [The Ras Laffan
Subcontract], 19 August 2008 –
BGE/ATF 134 III 565, No. 4A_128/2008
21. (2008) X., in liquidation v. Y., 23 September 2008 –
No. 4A_215/2008
22. (2008) X. v. Y. and Z. [Membership in the
International Bowling Federation],
7 October 2008 – No. 4A_258/2008
23. (2008) X. A.Ş. v. Y. GmbH [The Turkish Fertilizer
Plant], 10 October 2008 – No. 4A_224/2008
24. (2008) X. and Y. v. A. [The Unfit Football Player],
23 September 2008 – No. 4A_176/2008
25. (2008) X. v. Y. [The Consignment of Russian Styrene
Monomer], 28 October 2008 –
No. 4A_294/2008
26. (2008) X. SA v. Y. Limited [Post-Award Avoidance
of the Agreement in Dispute],
29 October 2008 – No. 4A_210/2008
27. (2008) X. SA v. Y. Limited [The Withdrawal of an
Application to Set Aside, No. 8],
1 December 2008 – No. 4A_456/2008
28. (2008) X. AG and Y. SA v. A. [The Valuation of the
Nigerian and Malaysian Commissions],
17 November 2008 – No. 4A_438/2008
Appendix: Swiss Federal Private International Law Act, 1987
Cumulative Index 2007 and 2008
Consolidated Tables 2008 Nos. 1 & 2
Paolo Michele Patocchi, a Partner with Lenz & Staehelin, was a lecturer at the University of Geneva for over 15 years, and was also the first Chairman of the National Arbitration Committee as well as the Special Committee of the Swiss Chambers’ of Commerce (administering arbitrations under the Swiss Rules of International Arbitration). He is currently a member of the Arbitral Council of the Chamber of National and International Arbitration of Milan.
Matthias Scherer, a Partner with Lalive, is a member of the Arbitration Committee of the Swiss Chambers’ of Commerce and of the Geneva Chamber of Commerce and Industry, associate member of the ICC Institute, Chair of the conflicts subcommittee of the IBA Arbitration Committee and serves as Co-Editor of the Swiss Arbitration Association Bulletin (ASA Bulletin). He regularly represents parties before the Swiss Federal Supreme Court.
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
Paolo Michele Patocchi, a Partner with Lenz & Staehelin, was a lecturer at the University of Geneva for over 15 years, and was also the first Chairman of the National Arbitration Committee as well as the Special Committee of the Swiss Chambers’ of Commerce (administering arbitrations under the Swiss Rules of International Arbitration). He is currently a member of the Arbitral Council of the Chamber of National and International Arbitration of Milan.
Matthias Scherer, a Partner with Lalive, is a member of the Arbitration Committee of the Swiss Chambers’ of Commerce and of the Geneva Chamber of Commerce and Industry, associate member of the ICC Institute, Chair of the conflicts subcommittee of the IBA Arbitration Committee and serves as Co-Editor of the Swiss Arbitration Association Bulletin (ASA Bulletin). He regularly represents parties before the Swiss Federal Supreme Court.
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
PDF of Title Page and T.O.C.
Message by the General Editors
About the General Editors
Table of Abbreviations
Table of Cases Reported and Translated
Table of Cited Cases
Table of Treaties, Statutory Instruments, Arbitration Rules and other Private Regulations
Reported and Translated Cases
17. (2008) X. v. Y. SAD [Solidarity Contribution for a
Football Player’s Education], 20 June 2008 –
No. 4A_18/2008
18. (2008) X. v. Y. Srl and Z. SpA [The Plate Punch
Manufacturers], 21 August 2008 –
No. 4A_194/2008
19. (2008) X. v. Y., 14 August 2008 – No. 4A_234/2008
20. (2008) X. Ltd v. Y. and Z. S.p.A. [The Ras Laffan
Subcontract], 19 August 2008 –
BGE/ATF 134 III 565, No. 4A_128/2008
21. (2008) X., in liquidation v. Y., 23 September 2008 –
No. 4A_215/2008
22. (2008) X. v. Y. and Z. [Membership in the
International Bowling Federation],
7 October 2008 – No. 4A_258/2008
23. (2008) X. A.Ş. v. Y. GmbH [The Turkish Fertilizer
Plant], 10 October 2008 – No. 4A_224/2008
24. (2008) X. and Y. v. A. [The Unfit Football Player],
23 September 2008 – No. 4A_176/2008
25. (2008) X. v. Y. [The Consignment of Russian Styrene
Monomer], 28 October 2008 –
No. 4A_294/2008
26. (2008) X. SA v. Y. Limited [Post-Award Avoidance
of the Agreement in Dispute],
29 October 2008 – No. 4A_210/2008
27. (2008) X. SA v. Y. Limited [The Withdrawal of an
Application to Set Aside, No. 8],
1 December 2008 – No. 4A_456/2008
28. (2008) X. AG and Y. SA v. A. [The Valuation of the
Nigerian and Malaysian Commissions],
17 November 2008 – No. 4A_438/2008
Appendix: Swiss Federal Private International Law Act, 1987
Cumulative Index 2007 and 2008
Consolidated Tables 2008 Nos. 1 & 2