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Georg von Segesser  (von Segesser Law Offices) , Petra Rihar  (Rihar & Thouvenin Dispute Resolution)
Swiss Federal Supreme Court Confirms the Principles for the Admissibility of a Success Fee
October 07, 2018

In a decision dated 26 July 2018 and published on 29 August 2018, the Swiss Federal Supreme Court (the "Supreme Court") dismissed an appeal to set aside an arbitral award as it found that Swiss…

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Simon Bianchi  (LALIVE)
FIFA Ban on Third-Party Ownership: A Pyrrhic Victory for FIFA in Front of the Swiss Federal Supreme Court?
October 01, 2018

Over the last few years, third-party ownership of soccer players ("TPO") has become controversial. TPO is a mechanism through which a soccer club assigns a player's economic rights, including the…

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Giulio Palermo  (Archipel) , Anna Sokolovskaya
Independence of CAS vis-à-vis its Funders and Repeat Users of its Services
May 25, 2018

In a recent case, the Swiss Federal Tribunal (“SFT”) has once again been called to consider the question of independence of the Court of Arbitration for Sport (“CAS”) vis-à-vis its funders and users…

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Georg von Segesser  (von Segesser Law Offices)
Les Jeux Sont Faits: Swiss Supreme Court Upholds Investment Treaty Award against Public Policy Challenge in a Gambling Case
March 31, 2018

The Swiss Federal Supreme Court, in a rare appeal against an award in a bilateral investment treaty arbitration, confirmed its statutory restraint in reviewing arbitral awards pursuant to article 190…

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Léonard Stoyanov , Nadia Smahi  (Meyerlustenberger Lachenal Ltd.)
Anticipatory Renunciation to Challenge Arbitral Awards Under Swiss Law – An Update
January 10, 2018

On 17 October 2017, the Swiss Federal Tribunal (Switzerland's highest jurisdiction) rendered a decision (4A_53/2017) on the challenge of an award rendered in the context of an international…

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Danilo Ruggero Di Bella  (Bottega Di Bella)
Could Some European Countries Initiate A State-To-State Investment Arbitration Against Switzerland For Abruptly De-Pegging The Swiss Franc From The Euro?
October 08, 2017

In the 2000s, mortgages in Swiss Franc (CHF) were very popular among consumers in Central, Eastern and Southeastern Europe for the acquisition of both private and commercial properties, as the CHF…

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Léonard Stoyanov  (Meyerlustenberger Lachenal Ltd.)
Switzerland to Become More Attractive for International Arbitration
May 18, 2017

On 11 January 2017, the Swiss Federal Council proposed a revised version of the Swiss International Private Law Act ("SPILA") relating to international arbitration (art. 176 et seq.) with a view to…

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Matthias Scherer  (Editor in Chief, ASA Bulletin; LALIVE)
Award in commodities sector enforced despite absence of original arbitration agreement
June 11, 2016

Switzerland is a global hub for commodity traders, and therefore also a significant jurisdiction for disputes arising in the commodities sector. A recent decision of the Swiss Federal Supreme Court (…

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Nathalie Voser  (Schellenberg Wittmer Ltd, Switzerland) , Anya George  (Schellenberg Wittmer )
ECtHR: Waiver of Recourse Against International Arbitral Award Not Incompatible with ECHR
March 31, 2016

On 1 March 2016, the European Court of Human Rights ("ECtHR" or the "Court") rendered a decision in the case of Tabbane v. Switzerland (application no. 41069/12). In that decision, which was…

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Georg von Segesser  (von Segesser Law Offices)
Arbitration in Switzerland: Non-Swiss Parties Should Be Aware of the Arbitrator's Powers under the Swiss Principle of Jura Novit Curia
September 15, 2015

and Katherine Bell, Schellenberg Wittmer In decision 4A_554/2014 dated 15 April 2015, the Swiss Federal Supreme Court considered an application to set aside an award on the ground of violation of the…

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