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Simon Bianchi (LALIVE)
Extension of Arbitration Agreements to Non-Signatories in Switzerland: The Supreme Court Sticks to Her Guns
January 03, 2020

In 2019, the Swiss Supreme Court (“Supreme Court”) seized two opportunities to confirm and develop its existing case law in relation to the personal scope of arbitration agreements and their possible…

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Andrea Roth (Wartmann Merker AG)
Opting Out of the Domestic Arbitration Regime and Into the International Arbitration Regime, and Vice Versa: The Case of Switzerland
August 24, 2019

Introduction The lex arbitri of Switzerland is well-known for affording parties maximum autonomy and procedural flexibility. In line with these principles, parties to international arbitration…

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Nataša Hadžimanović (Gabriel Arbitration AG), Jelena Perović (University of Belgrade)
Round Table on Arbitration in Belgrade (May 2019): Hot Topics in Our Daily Arbitration Practice
June 25, 2019

Prof. Dr. Jelena Perović, from the University of Belgrade (Serbia) and Dr. Nataša Hadžimanović, from Gabriel Arbitration (Zurich, Switzerland), launched the Round Table on Arbitration in 2018 as a…

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Tadas Varapnickas (Ellex Valiunas ) for Young ICCA
The Law Applicable to Arbitrators' Civil Liability from a European Point of View
March 25, 2019

Without any doubt, international commercial arbitration found its place in the system of international dispute settlement. Many natural and legal persons choose to solve their disputes via the means…

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Léonard Stoyanov (Meyerlustenberger Lachenal Ltd.)
Switzerland to Become More Attractive for International Arbitration: Act 2
November 08, 2018

On 11 January 2017, the Swiss Federal Council issued a draft bill to revise chapter 12 of the Swiss International Private Law Act (“SPILA”) on international arbitration (as well as, to a lesser…

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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) for Young ICCA
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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