In its decision dated March 22, 2016 (case no. 4A_678/2015), the Swiss Federal Supreme Court was called upon to decide whether or not to set aside a CAS arbitral award on the grounds that the tribunal had ruled infra petita and had disregarded a party’s right to be heard. The underlying dispute revolved around a claim raised by a Brazilian football player (B.) against a Portuguese football club (Club A.), the latter of which is a…
A recent decision by the Swiss Federal Supreme Court (4A_628/2015) has addressed the jurisdictional hurdles that can result…
In its decision dated November 9, 2015, the Swiss Federal Supreme Court ruled on whether or not to…
Since its establishment in 2004, the Swiss Chambers’ Arbitration Institution and the Arbitration Court have handled 836 arbitration cases. Under the Swiss Rules of International Arbitration, a party can challenge an arbitrator if circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality or independence. The Swiss Chambers’ Arbitration Institution has recently published a statistics for the time period from 2004 to 2014, showing that only fourteen challenges have been filed during the first…
On July 28, 2015, the Swiss Federal Supreme Court had to decide a rather unusual case concerning the alleged…
In a decision rendered on July 29, 2015, the Swiss Federal Supreme Court had to consider the use…
A referral to the “International Chamber of Commerce, Zürich, Switzerland and subsidiary by the laws of Germany” is not a valid arbitration agreement. In a decision published on July 29, 2015, the Swiss Federal Supreme Court rejected a petition to set aside an award rendered by an arbitral tribunal in Switzerland who had declined its jurisdiction on the ground that there was no valid arbitration agreement (decision 4A_676/2014 of July 29, 2015). A Dutch foundation,…
In a recent decision rendered on 28 August 2014 (decision 4A_74/2014, published in the official record of the…
In two, almost identical decisions rendered on 27 March 2014 (decisions 4A_362/2013 and 4A_448/2013) the Swiss Federal Supreme…
One of the central objectives of civil procedural law is to provide a mechanism for the final and conclusive resolution of disputes. In accordance with the res judicata principle, matters which have been judged on the merits are, therefore, deemed binding on the parties, and may no longer be re-litigated nor decided differently in subsequent proceedings. Although this principle is very widely recognised, the effects of judgments, and the criteria for determining the identity of…