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…

SFT Judgment 4A_102/2016 – Australian Football (“Essendon”) Doping Case / De novo review by the CAS – objection to the full power of review

By Despina Mavromati The Issue in Essendon Before the CAS: De novo review of a doping-related decision (“Essendon”) by the CAS Panel – violation of the anti-doping regulations Before the SFT: Objections of the Essendon Players to the scope of review of the arbitral tribunal The Facts in the Essendon CAS appeal This Federal Tribunal…

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…