SFT Judgment 4A_170 & 194/2017 – Right to be heard: Need to draw the Arbitrator’s attention to the specific Argument during the Proceedings

By Despina Mavromati 4A_170 / 2017 & 4A_194 / 2017 , Judgment of May 22, 2018,  Club L. v. FECAFOOT and FECAFOOT v. Club L. Appeal in civil matters against the award rendered on 27 February 17, 2017 by the Court of Arbitration for Sport (CAS 2016 / A / 4415). The Facts The case before…

Deconstructing the CAS Award 2018/A/5808 (AC Milan v. UEFA) – The Devil is in the (Procedural) Detail

By Dr Despina Mavromati Introduction In the midst of turbulence from the recent Football Leaks[1] indirectly affecting – among other issues – the Club Licensing and Financial Fair Play Regulations (CL&FFP Regulations)[2] in European football, the CAS published the full award in the case AC Milan v. UEFA.[3] The case relates to a sanction that…

SFT Judgment 4A_502/2017 – Club X v. A. & Club Z / Assessment of the evidence cannot be reviewed by the Swiss Federal Tribunal

By Despina Mavromati The Issue Before the CAS: Termination of a contract of employment between a football club and a player without just cause. Before the Swiss Federal Tribunal: The Panel’s assessment of the evidence cannot be reviewed by the Federal Tribunal. The Facts The case relates to the termination of a contract of employment…

SFT Judgment 4A_426/2017 – Club X v. FIFA / Legally protected interest must be present at the time of the appeal

by Despina Mavromati Summary of the CAS proceedings that led to the appeal to the Swiss Federal Tribunal In this judgment the Federal Tribunal reiterated the strict admissibility conditions in motions to set aside arbitral awards, and more particularly the requirement of a legally protected interest (or interest “worthy of protection”). The case involved an…