Blog

This blog includes notes of Dr. Despina Mavromati on recent sports arbitration decisions – Swiss Federal Tribunal judgments, CAS Awards and decisions rendered by the tribunals of sports federations. For the English translations & introductory notes on the Federal Tribunal judgments in both CAS and commercial arbitration cases, you can visit the website Swiss Arbitration Decisions (operated jointly by Dr. Despina Mavromati and Dr. Charles Poncet) as a service to the international arbitration community.

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

Ali Riza et al. v. Turkey – European Court of Human Rights Judgment of 28 January 2020

This note discusses the key findings of the ECtHR Judgment in the Ali Riza v. Turkey case and compares the judgment to the Mutu and Pechstein Judgment of the ECtHR. It also draws some fundamental principles that sports tribunals must take into account in case there is no possibility for a subsequent appeal venue against their decisions.

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

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