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…

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…