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.
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
Appendix: Swiss Federal Private International Law Act, 1987
Cumulative Index 2007, 2008 and 2009
Table of Cases Reported and Translated
Volume 3 2009
I. Swiss Federal Private International Law Act
1. Union des Associations Européennes de
Football (UEFA) v. Gibraltar Football
Association [Gibraltar Football Association's
Application for UEFA Membership],
22 December 2008 -- No. 4A_392/2008
2. Lucas v. Fédération Internationale de
Football Association (FIFA) and World Anti-
Doping Agency (WADA) [The Suspension of
Lucas for a Doping Offense],
9 January 2009 -- No. 4A_460/2008
3. Azerbaijan Field Hockey Federation (AFHF)
v. International Hockey Federation (FIH)
[Qualification of the Azerbaijan Field Hockey
Federation for the Beijing Olympic Games],
22 January 2009 -- No. 4A_424/2008
4. X. v. Y. [Withdrawal of an Application to
Set Aside, No. 9], 4 February 2009 --
No. 4A_540/2008
5. X. v. Y. [No Commission Fee for a Spanish
Players' Agent], 9 February 2009 --
No. 4A_400/2008
6. X. v. Club Y. [Late Payment of an Advance
on Costs to the CAS], 20 February 2009 --
No. 4A_600/2008
7. X. SpA in liquidation v. Y. BV
[Italian/Dutch HRSG Consortium],
19 February 2009 -- No. 4A_539/2008
8. A. v. B. Ltd [Counterclaim Against Third
Parties in an ICC Arbitration in Switzerland],
5 December 2008 -- No. 4A_376/2008
9. X. and Y. v. A. SA, B. SA, C. AG and D.
LLC [Costs in Setting Aside Proceedings,
No. 3], 27 March 2009 -- No. 4A_44/2009
10. X. AG v. Y. [The Taiwanese Power Plant
Consultant II], 8 April 2009 --
No. 4A_69/2009
11. 1. Stadnyk, 2. Azerbaijan Wrestling
Federation (AWF) v. 1. World Anti-Doping
Agency (WADA), 2. International Federation
of Associated Wrestling Styles (FILA)
[Stadnyk and the European Wrestling
Championship in Moscow], 17 March 2009 --
No. 4A_416/2008
12. 1. Vivendi S.A., 2. Vivendi Telecom
International S.A., 3. Elektrim
Telekomunikacja Sp zoo, 4. Carcom
Warszawa Sp zoo, 5. Elektrim Autoinvest
SA, v. 1. Deutsche Telekom AG,
2. T-Mobile International AG & Co. KG,
3. T-Mobile Deutschland GmbH, 4. T-Mobile
Poland Holding No. 1 BV, 5. Polpager
Sp zoo, 6. Elektrim SA, 7. Mega Investments
Sp zoo, 8. Elektrim Finance BV, 9. Polska
Telefonia Cyfrowa Sp zoo [The Bankruptcy
of a Polish Party in the Course of an
Arbitration in Switzerland], 31 March 2009 --
No. 4A_428/2008
13. See Part II of this table.
14. X. Kft v. Y. AG [The Hungarian Electric
Steel Plant], 9 June 2009 -- No. 4A_108/2009
15. X. Ltd v. Y. Limited [Formal Requirements
for an Application to Set Aside − No. 1],
18 June 2009 -- No. 4A_78/2009
16. Turrini v. World Anti-Doping Agency
(WADA) and International Military Sports
Council (CISM) [Turrini and the World
Military Swimming Championship],
8 July 2009 -- No. 4A_10/2009
17. X. AG v. Federation Y. [Football
Broadcasting and Advertising Rights for the
2010 World and the 2012 European Cups I],
9 June 2009 -- No. 4A_94/2009, 4A_96/2009
18. FC Schalke 04 v. Confederação Brasileira de
Futebol (CBF) [Rafinha and the Beijing 2008
Olympic Games], 23 June 2009 --
No. 4A_62/2009
19. A. v. B. [The BVI Company Sold by a
Swedish Seller], 25 August 2009 --
No. 4A_160/2009
20. The Republic of X. v. Company Y.
[Withdrawal of an Application to Set Aside,
No. 10], 23 September 2009 --
No. 4A_304/2009
21. Thales (formerly Thomson-CSF) v.
1. Frontier AG Berne in liquidation and
2. Brunner Sociedade civil de administração
limitada [French Frigates for Taiwan],
6 October 2009 -- No. 4A_596/2008
22. Olympus Sàrl v. Gusev [Russian Cyclist
Terminated on a Suspicion of Doping I],
13 October 2009 -- No. 4A_352/2009
23. Olympus Sàrl v. Gusev [Russian Cyclist
Terminated on a Suspicion of Doping II],
13 October 2009 -- No. 4A_368/2009
24. X. SA v. Y. Limited [The Lease of
Commercial Property in Geneva],
26 October 2009 -- No. 4A_428/2009
25. Federation Y. v. X. AG [Football
Broadcasting and Advertising Rights for the
2010 World and the 2012 European Cups II],
21 October 2009 -- No. 4G_2/2009
26. Busch v. World Anti-Doping Agency
(WADA) [Unannounced Out-of-Competition
Doping Control on an Ice Hockey Player],
6 November 2009 -- No. 4A_358/2009
II. New York Convention on the Recognition and Enforcement of
Arbitral Awards
13. Noga SA v. The Russian Federation
[Enforcement of a French Award in
Switzerland and Art. 1506 of the French Code
of Civil Procedure], 9 December 2008 --
BGE/ATF 135 III 136, No. 4A_403/2008
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