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,…

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…