SFT Rules On Limited Scope Of Review For Procedural Violations

Gavel and Football Pitch

Gavel and Football Pitch

Friday, 01 July 2022
By Dr Despina Mavromati

In this new soccer-connected treatment the Appellant—represented by lawful counsel—had sent its statement of charm to the CAS by e-mail but failed to mail it by courier in the granted time limit, invoking force majeure owing to the COVID-19 pandemic. The appeal was declared inadmissible by the CAS Division President. In the subsequent movement to set apart the CAS award, the SFT turned down the force majeure argument, contemplating that the Appellant was capable to reply to a CAS submission by publish one particular working day soon after its receipt, and that there was also the probability to file the submissions by electronic submitting. The SFT dismissed the enchantment recalling the quite restricted scope of review in situation of non-compliance with the form prerequisites and applicable time restrictions. See also the judgment 4A_416/2020.

Note: This was at first printed on SportsLegis, a specialised sporting activities legislation observe run by Dr Despina Mavromati. The original can be found here.

An English translation of the judgment can be viewed down below.

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Written by

Despina Mavromati

Dr Despina Mavromati

Dr. Despina Mavromati is an attorney at the Swiss legislation firm BianchiSchwald and has substantial working experience in global sports activities regulation and arbitration. She represents athletes, clubs and federations and advises on regulatory and athletics governance matters, which includes the recognition and enforcement of awards and freezing of property in Switzerland. Despina has acted as counsel, co-counsel, skilled or arbitrator in several athletics arbitrations, involving contractual, governance, doping-related and other disciplinary and ethics matters. Recognized as a Thought Leader by Who’s Who Lawful in Switzerland each individual calendar year because 2018, “Despina Mavromati is a “brilliant and accomplished” attorney, renowned for obtaining “built a terrific identify and profile in the market””.

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