No Surprises – The first IOC Appeal against a CAS Award (CAS 2017/A/5379) dismissed by the Swiss Federal Tribunal

This is the first appeal filed by the IOC to the Swiss Federal Tribunal against a CAS Award in the highly publicized Russian Athletes cases from last year. The judgment is far more interesting for its factual background than for its legal findings. The grounds invoked – and swiftly dismissed – were limited to the violation of the IOC’s right to be heard and the so-called “effet de surprise”.

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…

Brussels Court of Appeal Decision in the matter Doyen et al v. FIFA – Legality of the Arbitration Clause in the FIFA Statutes

By Despina Mavromati Did the Brussels Court of Appeal decide on the compatibility of CAS with the ECHR and European Union Law? The background facts In 2016, FIFA sanctioned RFC Seraing (the Club) for violating Art. 18ter of the FIFA Regulations on the Status and Transfer of Players (RSTP) that prohibits Third Party Ownership (TPO)…

SFT Judgment 4A_260/2017 in the TPO case between FC Seraing v. FIFA & the Brussels Court of Appeal Decision: A parallel Universe?

By Despina Mavromati SFT Judgment 4A_260/2017 of February 20, 2018 (motion to set aside the CAS Award TAS 2016/A/4490) The Issue Prohibition of Third Party Ownership (TPO) agreements in football under the FIFA Regulations. Legality of the CAS awards and CAS independence from FIFA. European competition law and violation of substantive public policy. Restriction of…

SFT Judgment 4A_102/2016 – Australian Football (“Essendon”) Doping Case / De novo review by the CAS – objection to the full power of review

By Despina Mavromati The Issue in Essendon Before the CAS: De novo review of a doping-related decision (“Essendon”) by the CAS Panel – violation of the anti-doping regulations Before the SFT: Objections of the Essendon Players to the scope of review of the arbitral tribunal The Facts in the Essendon CAS appeal This Federal Tribunal…

SFT Judgment 4A_424/2017 – Athlete X v. World Anti-Doping Agency (WADA) & WSF – Violation of the parties’ right to be heard (dismissed)

By Despina Mavromati  Athlete X. v. World Anti-Doping Agency (WADA) & World Squash Federation (WSF) – The Issue CAS Proceedings: Conditions for the application of the prompt admission provision in doping cases (Art. 10.6.2 – 10.6.3 WADA Code) SFT Judgment: Difference between the violation of the parties’ right to be heard (Art. 190 (2) (d) PILA)…