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…

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…

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)…

SFT Judgment 4A_592/2017 – Agent A. v. Football Club B. – Violation of the right to be heard / Request for legal aid before the Federal Tribunal

Agent A. v. Football Club B. – The Issue[1] By Despina Mavromati 1) The plea of violation of the right to be heard is not an end in itself – the impact on the outcome of the case must be established 2) Request for legal aid is possible in setting aside proceedings before the SFT,…