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Switzerland / 31 October 2001 / Switzerland, Tribunal cantonal de Vaud / Football Club v. L et AG

Country	Switzerland
Court	Switzerland, Tribunal cantonal de Vaud
Date	31 October 2001
Parties	Football Club v. L et AG
Source	Original decision obtained from the registry of the Tribunal cantonal de Vaud
Languages	English
Summary	An arbitration agreement was contained in a transfer contract between a football player L, the Football Club and AG. The contract provided for the arbitral jurisdiction of the Swiss Football Association (SFA) in accordance with its by-laws. A dispute arose and AG seized the Tribunal cantonal de Vaud (Tribunal of Vaud). The Tribunal de première instance of Vaud (Tribunal of First Instance of Vaud) found that it had jurisdiction over the dispute since it was a labour contract and the arbitration agreement ought to be strictly construed. The Football Club appealed. The Chambre des Recours du Tribunal cantonal de Vaud (Appellate Court of the Tribunal cantonal de Vaud) confirmed the previous decision finding that Swiss courts had jurisdiction over the dispute. It first determined that the arbitration agreement was not binding on AG since it was affiliated to neither the SFA nor to the FIFA, whose by-laws contained the arbitration agreement. Regarding the validity of the arbitration agreement between L and the Football Club, the Chambre des Recours first distinguished between domestic and international arbitration. It held that where the arbitral tribunal had its seat in Switzerland, the arbitration would be domestic, whereas if the seat was abroad, the arbitration would be international and the NYC would apply. In the present case, the arbitration agreement provided for arbitration under the SFA, which was seated in Bern. The Chambre des Recours concluded that the NYC did not apply as the seat was not in Switzerland. It examined the validity of the arbitration agreement under Swiss national law. It found that the arbitration agreement was invalid because it had not been established that the player had been aware of the arbitration agreement.
Link to the record	https://newyorkconvention1958.org/index.php?lvl=notice_display&id=913&opac_view=6

Attachment (1)

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