Federation Y. v. X. AG [Football Broadcasting and Advertising Rights for the 2010 World and the 2012 European Cups II] No. 4G_2/2009 - Swiss International Arbitration Law Reports (SIALR) - 2009 Vol. 3 Nos. 1 & 2

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12 pages

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December, 2009

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Headnote

■ The Federal Supreme Court will, upon a request in writing by

either party or of its own motion, interpret or correct its judgment if

the operative part is obscure, incomplete or ambiguous; or if the

provisions of its operative part are inconsistent with one another or

with the reasons set out in the judgment; or if the judgment contains

a typographical or a computational mistake (art. 129(1) FSCA).

■ The interpretation of a judgment may also relate to inconsistencies

between the reasons for the decision on the one hand and the

operative part of the decision itself on the other, but not to

inconsistencies between the reasons themselves. Resort to the

reasons for the decision will be admissible only provided that the

determination of the meaning of the operative part of the judgment

so requires (confirmation of previous decisions).

■ A request for interpretation is inadmissible in so far as it seeks a

modification of the content of a decision (confirmation of previous

decisions).

■ The petitioner is not allowed, under the cover of a request for

interpretation, to make good any omissions it may have made in

setting aside proceedings brought against the award.

Summary of the Decision

X. AG, in its capacity as the successor to Z. AG, and Federation Y.

entered into an agreement relating to certain broadcasting and advertising

rights in the field of football. A dispute arose between the parties with

respect to the prolongation of their business relationship, whereupon X.

AG brought arbitration proceedings against Federation Y.

In his award the sole arbitrator denied the declaratory relief sought by

X. AG relating to the alleged extension of the period of validity of the

agreement with Federation Y. (paragraph 1 of the operative part of the