Switzerland / 31 October 1996 / Switzerland, Tribunal Fédéral (Federal Tribunal) / X v. Fédération équestre internationale / 4C. 44/1 996
| Country | Switzerland |
| Court | Switzerland, Tribunal fédéral (Federal Tribunal) |
| Date | 31 October 1996 |
| Parties | X v. Fédération équestre internationale |
| Case number | 4C. 44/1 996 |
| Applicable NYC Provisions | II | II(3) | VII | VII(1) |
| Source |
Original decision obtained from the registry of the Tribunal Fédéral |
| Languages | English |
| Summary | An equestrian was suspended by the International Equestrian Federation (IEF) for illegal drug use. He filed an action before the Tribunal de première instance of Lausanne (Court of First Instance) to annul the suspension. The IEF objected to the jurisdiction of the Tribunal of Lausanne based on an arbitration agreement providing for such disputes to be resolved before the Court of Arbitration for Sport (CAS). The Tribunal of Lausanne subsequently referred the parties to arbitration. The equestrian lodged a reform appeal (recours en réforme). The Tribunal Fédéral (Federal Tribunal) affirmed the decision of the Tribunal of Lausanne. It considered that the NYC did not apply to the present case because the seat of the arbitral tribunal would be in Switzerland. It added that had the NYC been applicable, the Swiss Private International Law would still apply to determine the validity of the arbitration agreement because Article VII(1) NYC allows the application of a more favorable law. The Tribunal Fédéral analyzed the validity of the arbitration agreement under the Swiss Private International Law Act and held the arbitration agreement to be valid. |
Attachment (2)
 Original Language Adobe Acrobat PDF |
Unofficial Translation Adobe Acrobat PDF |
