Swiss federal tribunal

This page 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.

Implicit consideration of requests and arguments raised by a party and violation of ne ultra petita and the right to be heard

No “effet de surprise” if a disputed issue was raised during the hearing

Applicability of the prohibition of discrimination as part of public policy in relations between individuals – the Blake Leeper case

No appeal to the CAS for doping-related procedures involving “national-level” athletes

Arbitrability of a contractual dispute between a football player and a club in case of insolvency proceedings

Sporting successors in football and res judicata of disciplinary proceedings before association bodies

No direct challenge to the Swiss Federal Tribunal following a decision rendered by the CAS Anti-Doping Division acting as a first-instance tribunal

On the limited scope of excessive formalism in CAS proceedings

Very limited scope of review in case of non-compliance with the form requirements and the applicable time limits

Standing of a third party to appeal a FIFA decision to the CAS

International sports dispute resolution in 2021

No « forced » arbitration in a horizontal dispute between two football clubs