SFT Judgment 4A_318/2017 –Football Club A. v. Player B.– Arguments disregarded by the Panel must have been “regularly” raised during the procedure

By Despina Mavromati  Football Club A. v. Player B. – The Issue Before the CAS: contract of employment between a football club and a player – outstanding salaries Before the SFT: Right to be heard: arguments disregarded by the Panel must have been “regularly” raised during the procedure; violation of public policy (pacta sunt servanda, dismissed)…

SFT Judgment 4A_80/2017 – A. v. IWF (doping) – Parties’ right to be heard, Public Policy

by Despina Mavromati A. v. International Weightlifting Federation (IWF) International sports arbitration; doping; right to be heard; equality of treatment, Ordre Public (dismissed) Appeal to the Swiss Federal Tribunal against the CAS Award CAS 2016/A/4632 Alexei Lovchev v. International Weightlifting Federation The Issue Request for an expert report should be unequivocally made before the arbitral…

SFT Judgment 4A_40/2017 – Football Club X. v. Z. – Termination of a contract of employment with just cause

Erroneous judgment on Jurisdiction / violation of public policy (inadmissible); violation of the parties’ right to be heard (unfounded) By Despina Mavromati SFT Judgment 4A_40/2017 of 8 March 2017, Football Club X v. Z The Issue Termination of a football contract of employment by the player with just cause – Deciding in equity without the…

SFT Judgment 4A_668/2016 – Player X v. Z – Exclusive nature of a player’s agent contract / diregard of FIFA regulations not sufficient (as such) to establish violation of public policy

By Despina Mavromati  The Issue Before the CAS: Does anyone other than an exclusive representative have standing to enforce an agency contract under FIFA Rules and Swiss law? Exclusive nature of a player’s agent contract. Before the SFT: Disregard of FIFA regulations not sufficient (as such) to establish violation of substantive public policy The Facts…

IAP Decision of 20 July 2017 – ITF v. I. – Disciplinary Sanctions for Misconduct in Tennis

Disciplinary Sanctions for Misconduct in Tennis Decision of the International Tennis Federation (ITF) v. I. Nǎstase By Despina Mavromati   The issue Breach of the ITF Fed Cup Regulations 2017 The facts The ITF recently published the full decision rendered by its Internal Adjudication Panel in the matter of ITF v. Ilie Nǎstase.[1] The Internal…

SFT Judgment 4A_98/2017 (Commercial Arbitration) – Interlocutory Award on Jurisdiction

SFT Judgment 4A_98/2017 of 20 July 2017  – Fédération X. v. Z. Sàrl By Despina Mavromati The Issue Does a decision on jurisdiction qualify as an “Interlocutory Award on Jurisdiction” if it does not address all the issues related to jurisdiction and leaves them to be decided with the final award? Facts The limited liability…

SFT Judgment 4A_312/2017 Football Club X. v. A. Compatibility of an Agent’s Commission Fee with Public Policy

By Despina Mavromati The Issue Validity of a football agent’s  (intermediary’s) total commission fee for the signing of a football player with a club that represents ten times the agreed annual salary of the player under Swiss law – Compatibility of such a commission fee with substantive public policy (Art. 190 (2) (e) PILA. The…