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Georg von Segesser  (von Segesser Law Offices)
CAS Decision sanctioning a ban by FIFA of a football player violates public policy
April 05, 2012

With its decision of 27 March 2012, the Swiss Federal Supreme Court held unlawful a disciplinary sanction by which FIFA threatened the football player Matuzalem with a lifetime ban in case he failed…

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Matthias Scherer  (Editor in Chief, ASA Bulletin; LALIVE)
Possible Enforcement of Worldwide Freezing Orders in Switzerland
March 23, 2012

By Matthias Scherer and Simone Nadelhofer, LALIVE, Geneva and Zurich The Swiss Federal Supreme Court recently published a decision rendered last addressing the enforceability of an English Worldwide…

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Matthias Scherer  (Editor in Chief, ASA Bulletin; LALIVE)
A primer on pathological arbitration clauses in Swiss law
February 02, 2012

By Matthias Scherer and Sam Moss In a recent decision issued on 7 November 2011 on a request for annulment of a partial award on jurisdiction rendered by the Court of Arbitration for Sport (“TAS”),…

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Matthias Scherer  (Editor in Chief, ASA Bulletin; LALIVE)
Calling a witness (too) late in the proceedings
September 15, 2011

In its decision 4A_162/2011 of 20 July 2011, which was published on 2 September 2011, the Swiss Federal Supreme Court elaborated on the content of – and limits to – the right of parties to call…

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Matthias Scherer  (Editor in Chief, ASA Bulletin; LALIVE)
Multi-tier Dispute Resolution Clauses: Swiss Supreme Court Considers Impact Of (Omitted) Pre-arbitral Expert Appointment and Conciliation on Arbitral Tribunal’s Jurisdiction
May 25, 2011

In a recent decision, the Swiss Supreme Court examined whether contractual provisions contemplating certain procedural steps before initiating arbitration proceedings impacted the jurisdiction of the…

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Matthias Scherer  (Editor in Chief, ASA Bulletin; LALIVE)
Waiver of an Arbitration Agreement Resulting from a Party’s Failure to Pay the Advance on the Costs of the Arbitration
May 01, 2011

According to the rules governing domestic arbitration (Art 30 of the Concordat on Arbitration, and, as of 1 January 2011, Art. 378 of the Swiss Federal Code on Civil Procedure), a party that does not…

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Nicolas Ulmer  (Budin & Associés Avocats)
Swiss Appeals, Swiss Efficiency
April 08, 2011

When it comes to appeals of international arbitral awards Switzerland lives up to its reputation for order and efficiency. A recent victory in defending an appeal here prompts me to comment on the…

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Matthias Scherer  (Editor in Chief, ASA Bulletin; LALIVE)
Swiss Embargos and their Impact on Contracts Governed by Swiss Law Illustrated by the Swiss Sanctions against Iran
April 05, 2011

Introduction: Many international commercial contracts (such as e.g., construction, distribution, sale and purchase) are governed by Swiss (substantive) law as per a choice of law provision. Often the…

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Maxi Scherer  (ArbBoutique & Queen Mary University of London)
A View from the Mountain Top: A Challenge to International Arbitral Practice in Thomas Mann’s Magic Mountain
July 16, 2010

Switzerland may be one of the world’s most important arbitral seats, even so one would scarcely expect arbitration to hold much interest for the tubercular residents of Davos in Mann’s novel Der…

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