Godkjent av

Swiss-Court-Decision-Denying-Validity-Of-Arbitration-Agreement-Overturned-For-Excess-Of-Power

The contract was concluded on January 21, 2008 and included various financial instruments. Meanwhile, on 6 January 2009, an appeal had been lodged in the ordinary courts in Zug. In light of the proceedings in the United States, an application for a stay was filed and the Zuger court was asked to deny jurisdiction on the basis of the compromise clause. The dissenter`s opinion also held that the Court of Justice`s decision should have justified in detail his view that the CAS was a "court of law" (paragraph 18-25 DO; fn 1). See also Scherrer (2018) and Lindholm (2019) p. 221. [16] See J Ballantyne, `Hong Kong Award Remitted for Serious Irregularity` (Global Arbitration Review), November 20, 2018. Until the late 1990s, before conciliation became an almost exclusive method of resolving disputes in sport, disputes were decided by ordinary courts in Switzerland or abroad. Footnote 11 Swiss judgments in this area are generally based on art. 75 CSC, which are discussed below, and reflect the high value that the Swiss legislator retains of the autonomy of associations: judges review the decisions of reserve associations ("with " restraint"), sometimes even favourable (with benevolence) for the association concerned and maintain them for the association concerned, except in cases of (clear) violations of the legal provisions. Footnote 12 This position was justified and, to some extent, justified by the underlying notion of the non-economic objective of the associations, as well as by the generally reduced size and volume of the association`s trade relations. There are, of course, cases where a court has far exceeded its mandate.

For example, the Hong Kong Magistrates` Court found that a single arbitrator had exceeded his powers by stopping an arbitration award on the basis that neither party had advanced during the arbitration proceedings. [16] Lukas Frommelt is an apprentice lawyer in Baker McKenzie`s Zurich office. His specialty is dispute resolution, general contract and corporate law, and mergers and acquisitions. He studied law at the University of St. Gallen (HSG).

Comments are closed.