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…

Deconstructing the CAS Award 2018/A/5808 (AC Milan v. UEFA) – The Devil is in the (Procedural) Detail

By Dr Despina Mavromati Introduction In the midst of turbulence from the recent Football Leaks[1] indirectly affecting – among other issues – the Club Licensing and Financial Fair Play Regulations (CL&FFP Regulations)[2] in European football, the CAS published the full award in the case AC Milan v. UEFA.[3] The case relates to a sanction that…

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…

Brussels Court of Appeal Decision in the matter Doyen et al v. FIFA – Legality of the Arbitration Clause in the FIFA Statutes

By Despina Mavromati Did the Brussels Court of Appeal decide on the compatibility of CAS with the ECHR and European Union Law? The background facts In 2016, FIFA sanctioned RFC Seraing (the Club) for violating Art. 18ter of the FIFA Regulations on the Status and Transfer of Players (RSTP) that prohibits Third Party Ownership (TPO)…

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…