Swiss Arbitration Decisions

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Found 28 result(s)
July 8, 2009

In 2007, a swimmer tested positive to an illegal substance during the World Military Swimming Championship in Hyderabad (India). Disciplinary proceedings followed and the World Anti-Doping Agency (“WADA”) appealed to the Court of Arbitration for Sport (“CAS”), which ordered results made by the swimmer between October 2007 and August 2008 cancelled. He was also disqualified for two years from February 6, 2008.

Case information

Docket number: 
4A_10/2009
Original language: 
Italian
Published: 
3 SwissIntArbRep 305 (2009)
Parties
Appellant: 
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
November 6, 2009

The decision is an interesting one because the Federal Tribunal annulled the jurisdictional award issued by the CAS on June 23, 2009. Those of you who receive Hansjörg Stutzer’s excellent newsletter will have read his comments and the case is most likely to be discussed in further legal writing in the months ahead.

Case information

Docket number: 
4A_358/2009
Original language: 
German
Published: 
30 ASA Bull 166 (2011)
also see 3 SwissIntArbRep 495 (2009)
Parties
Appellant: 
Counsel
PDF version of the translation: 
Chairman: 
November 16, 2018

This case involves the well-known (at least, to all football aficionados) case of the Peruvian football player Paolo Guerrero. He was sanctioned for an anti-doping rule violation with a suspension of 14 months by the CAS, under the rather unusual circumstances of consuming tea with coca leaves. The CAS Award was rendered in appeal against a decision of the FIFA Appeals Committee that had initially suspended the Player for six months (see also CAS 2018/A/5571).

 

Case information

Docket number: 
4A_560/2018
Original language: 
French
Parties
Counsel
PDF version of the translation: 
January 9, 2009

Dodô v. Fédération Internationale de Football Association (FIFA) and World Anti-Doping Agency (WADA), to which Hansjörg Stutzer referred in his criticism of the Busch decision, involved the Brazilian player Ricardo Dodô . He tested positive after a random doping check in June 2007 and was suspended for 120 days by the Brazilian Football Confederation (CBF).

Case information

Docket number: 
4A_460/2008
Original language: 
German
Published: 
27 ASA Bull 540 (2009)
also see 3 SwissIntArbRep 41 (2009)
Parties
Counsel
PDF version of the translation: 
Chairman: 
January 6, 2020

In this overly publicized and quite interesting case, involving the Chinese Swimmer Sun Yang (the Athlete) and the World Anti-Doping Agency (WADA), the Athlete was accused of an antidoping rule violation due to the unsuccessful attempt to take blood and urine samples during an unannounced test carried out at the Athlete’s home in September 2018. Even though the Swimmer was cleared by his federation’s (i.e.

Case information

Docket number: 
4A_287/2019
Original language: 
French
Parties
Counsel
PDF version of the translation: 
March 17, 2009

On March 17, 2009, the Swiss Federal Tribunal issued an opinion in the matter of the Azerbaijan Wrestling Federation (“AWF”) v. the World Anti-Doping Agency (“WADA”) and the International Federation of Associated Wrestling Styles (“FILA”).

Case information

Docket number: 
4A_416/2008
Original language: 
German
Published: 
28 ASA Bull 367 (2010)
also see 3 SwissIntArbRep 219 (2009)
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
Chairman: 
February 13, 2012

This opinion dated February 13, 2012 that is of moderate interest involved a complex dispute between two tennis players and both the Flemish Tennis Federation and the World Anti-Doping Agency. The two tennis players had been banned for a year for alleged violations of anti-doping rules and an appeal was made to the CAS in November 2009 by the players and by WADA in December.

Case information

Docket number: 
4A_428/2011
Original language: 
French
Parties
PDF version of the translation: 
Chairman: 
October 28, 2019

The background case involves the celebrity swimmer Sun Yang, who was accused of an anti-doping rule violation due to unsuccessful attempt to take blood and urine samples during an unannounced doping control at his house and the subsequent lifting of charges by the FINA Anti-Doping Commission.

Case information

Docket number: 
4A_413/2019
Original language: 
French
Parties
Counsel
PDF version of the translation: 
October 29, 2010

This decision pertains to the case of the well-known cyclist Alejandro Valverde Belmonte. Since the case was all over the press, the Federal Tribunal took the somewhat unusual step to include the names of all the people involved.

As you will see, Belmonte was banned from competing in Italy for two years in a decision issued in May 2009, for an alleged doping violation. He challenged the decision in front of the Court of Arbitration for Sport (CAS).

Case information

Docket number: 
4A_234/2010
Original language: 
French
Published: 
29 ASA Bull 80 (2011)
136 ATF III 605 (2010)
Parties
Counsel
PDF version of the translation: 
Chairman: 
January 3, 2011

This decision of the Swiss Supreme Court is the third in the matter of the Spanish cyclist Alejandro Valverde Belmonte.

 

There was a first decision dated October 29, 2010 (4A_234/2010). The first Belmonte decision was quite interesting because it raised the issue of the degree of independence and impartiality expected from a party-appointed arbitrator.

 

Case information

Docket number: 
4A_420/2010
Original language: 
French
Published: 
29 ASA Bull 712 (2011)
Parties
Counsel
PDF version of the translation: 
April 18, 2011

The case is of moderate interest as it deals with an issue that is only significant to sports arbitration.

 

A football trainer from Bulgaria trained APOP Kinyras, a Cypriot football club. In late 2008, two of his players tested positive to oxymesterone, a prohibited anabolic steroid. It turned out that the trainer had made some “white pills” available to the players – and some of them apparently did not resist the temptation.

 

Case information

Docket number: 
4A_640/2010
Original language: 
German
Published: 
30 ASA Bull 144 (2012)
Parties
Counsel
PDF version of the translation: 
Chairman: 
January 3, 2011

This decision of the Swiss Supreme Court of January 3, 2011 is the second in the case of the well-known Spanish cyclist Alejandro Valverde Belmonte.

 

As you may remember, the first decision of the Swiss Supreme Court, dated October 29, 2010 may be found here (4A_234/2010)

 

January 28, 2016

The manager of a cycling team, who is a citizen of Belgium and domiciled in Spain, was involved as sport manager with several cycling teams, including in the United States. He was a member of the Belgian Cycling Federation and the holder of a license issued by the Union Cycliste Internationale. On the form he signed was a reference to anti-doping regulations and the exclusive jurisdiction of the CAS.

 

Case information

Docket number: 
4A_222/2015
Original language: 
French
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
September 27, 2016

This judgment was the last step in a long series of proceedings over the widely known supplement program of the Australian Rules Football club Essendon (“the Club”). The 34 players (the Appellants) were all professional players for the Club in the Australian Football League (AFL). The Club had introduced a program of supplements for its players in September 2011, administering injections and allegedly using a prohibited substance.

October 23, 2017

In an appeal filed by the World Anti-Doping Agency (WADA) to the Court of Arbitration for Sport (CAS) against an “Agreement” concluded between the professional squash Player X.________ and the World Squash Federation (WSF). According to the Agreement, the Player X.________ admitted having violated the anti-doping rules, accepting, among other penalties, a one-year suspension.

Case information

Docket number: 
4A_424/2017
Original language: 
French
Parties
Counsel
PDF version of the translation: 

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