Swiss Federal tribunal, 1st Court of civil law, 26 July 2018, X. v. Y, 4A_404/2017

The dispute was related to the successive transfer of company Z’s shares from company U to company X, and from company X to company Y. Regarding the first transfer, the share transfer agreement provided that the original vendor (the U company) would remain in charge of disputes relating to funds transferred abroad (offshore) and that [...]

Swiss Federal tribunal, 1st Court of civil law, 20 July 2018, X. v. Z. Ltd, 4A_578/2017

Following the persistent delay of a football club in the payment of wages to a player, the latter gave notice to the club to pay him the amounts due, then proceeded to the unilateral termination of the employment contract. The next day, the club paid the amounts due and ordered the player to attend training. [...]

Swiss Federal tribunal, 1st Court of civil law, 4 July 2018, X. S.P.A. v. Z. GmbH & Co, 4A_505/2017

A subcontract was concluded on behalf of a German contracting authority between a contractor, the Italian company X (“Claimant”) and a subcontractor, the German company Z (“Respondent”). Following a disagreement between the parties, the dispute was submitted to an arbitral tribunal under the auspices of the ICC, which ordered the plaintiff to pay the due [...]

Swiss Federal Tribunal, 1st Court of civil law, 25 June 2018, X. Club v. A. et Z. Club, 4A_502/2017

A footballer was hired by a Saudi club immediately after being fired without reasonable ground by his former Egyptian club. The Dispute Resolution Chamber of the International Federation of Football Association issued a decision that was appealed by both the former football club and the footballer. In an award dated 11 July 2017 rejecting the [...]

Swiss Federal tribunal, 1st Court of civil law, 28 May 2018, International Motorcycling Federation v. Kuwait Motor Sports Club, 4A_314/2017

The International Motorcycling Federation (“IMF”), the supreme authority on international motorcycling, is composed of national members, according to the principle “one country - one member”. In Kuwait, since 1980, the affiliated member is the Kuwait International Automobile Club (“KIAC”). In 1997, the national authorities approved the validity of another association, the Kuwait Motor Sports Club [...]

Swiss Federal tribunal, 1st Court of civil law, 24 May 2018, A. v. B., 4A_491/2017

A Russian company, A. (“Company A.”), and an Austrian company, B. (“Company B.”), entered into agreement stipulating that the Austrian company would manufacture and deliver, one by one, five machines for use in the railways sector. The purchaser was entitled, in accordance with a clause in the contract, to terminate the contract unilaterally in the [...]

Swiss Federal tribunal, 1st Court of civil law, 22 May 2018, Club L. v. FECAFOOT and FECAFOOT v. Club L., 4A_170/2017 4A_194/2017

Club L. (“Claimant”) is a football club, affiliated to the Cameroon Football Federation (“FECAFOOT”), which is a member of the International Federation of Football Association. The dispute arose in connection with the process of elections organized by FECAFOOT and then cancelled, at the request of Club L., by the Conciliation and Arbitration Chamber (“CAC”) of [...]

Swiss Federal tribunal, 1st Court of civil law, 2 May 2018, X. v. World Ant-doping Agency (WADA), 4A_478/2017

The athlete (“Claimant”), X, is a member of the Belarusian Taekwondo Federation (“BTF”) which is affiliated with the World Taekwondo Federation (“WTF”). He was subject to a doping control in mid-July 2016 and mid-August, after which meldonium was detected. The use of this substance was prohibited from 1 January 2016. In November 2016, the BTF [...]

Swiss Federal tribunal, 1st Court of civil law, 17 April 2018, L v. FIFA, 4A_426/2017

L., a Cameroonian club affiliated to the Cameroon Football Federation, had requested from FIFA (in particular the Commission in charge of the organization of the preliminary rounds of competition for the 2018 World Cup) a postponement of the matches to be played between the Cameroon team and the other teams in its group. According to [...]