Judgment 4A_424/2018, Sara Erani v. International Tennis Federation & Italian Anti-Doping Organization

Doping-related Dispute – Appeal against the decision of the panel not to backdate the starting point of the suspension – discretion of the panel and referral to facts occurred after the hearing without consulting with the parties – violation of the right to be heard but refusal to set aside the CAS Award

Sun Yang v. WADA & FINA – A CAS letter on the admissibility of the appeal is not an appealable decision to the Swiss Federal Tribunal

Swimming – Doping – Appeal against a non-final arbitral award – alleged erroneous decision on jurisdiction (“ration termporis”)- decision on admissibility of the time limits to appeal is not a “decision” open to challenge before the Swiss Federal Tribunal – lack of legal interest worthy of protection in the annulment of a CAS decision

FIFA v. WADA – Lack of a “personal” legal interest to appeal against a CAS Award

Football – appeal of FIFA against a CAS Award that overturned a decision rendered by the FIFA judicial bodies – Lack of a “personal” legal interest “worthy of protection” – Role of FIFA in the CAS proceedings: a court of First instance? – questions de Principe and appeal to the Swiss Federal Tribunal

A v. International Athletics Federation (doping) – Interpretation of Art. 38.3 IAAF Rules

In this Swiss Federal Tribunal Judgment, the Tribunal interpreted Article 38 of the IAAF Competition Rules and considered that in case of suspension of a national federation by the IAAF, the latter may bring a claim against an athlete directly to the CAS since it can be inferred that the national federation would not be in a position to complete its obligations and adjudicate the dispute within reasonable time.

FC A. v. B & Algerian Football Federation – Football contract & jurisdiction of the CAS

Football contract of employment; breach of contract; decision rendered by the tribunal of a national football federation; appeal to the CAS; lack of jurisdiction; non-direct applicability of the FIFA Statutes as an arbitration clause for appeals against decisions rendered by the tribunals of national federations

Sun Yang v. WADA & FINA – Late Filing of an Appeal to the CAS is a question of Admissibility

Swimming – Doping – Appeal against a non-final arbitral award – alleged lack of capacity to act as a party’s representative due to a conflict of interest – interlocutory decision on jurisdiction (no) – late filing of the appeal to the CAS is a question of admissibility, not jurisdiction –