Swiss Arbitration Decisions

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Found 10 result(s)
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: 
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: 
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: 
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: 
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.

July 29, 2010

The case involved a Norwegian equestrian whose horse had tested positive for Capsaicin during the 2008 Olympic Games in China. A tribunal of the Fédération Equestre Internationale (FEI) found against the equestrian, disqualified him and the horse from the Olympic Games in Beijing and deprived him of all medals and prizes. The equestrian was also fined and banned for four and a half months.

Case information

Docket number: 
4A_43/2010
Original language: 
German
Published: 
28 ASA Bull 837 (2010)
Parties
Counsel
PDF version of the translation: 
March 21, 2013

The case involved a Ukrainian football player who tested positive to Furosemide, a diuretic that can mask the presence of other drugs and is accordingly banned by the World Anti-Doping Agency.

 

Case information

Docket number: 
4A_522/2012
Original language: 
German
Parties
Counsel
Appellant: 
Respondent: 
PDF version of the translation: 
July 25, 2017

The Appellant, Alexei Lovchev, is an Russian weightlifter at the international level, who participated in the 2015 Weightlifting World Championship in Houston, USA, as a member of the Russian team. He won the gold medal and set two world records. In November 2015, the Appellant underwent a doping control that resulted in an Adverse Analytical Finding, (AAF) and showed the presence of the prohibited substance Ipamorelin in the Appellant’s sample in an extremely low concentration of 0.1 ng/ml.

Case information

Docket number: 
4A_80/2017
Original language: 
German
Parties
Counsel
PDF version of the translation: 
February 10, 2010

The decision of February 10, 2010 again originated from sport arbitration and as you will see from the text of the opinion, the Swiss Federal Tribunal took the somewhat unusual step of actually mentioning the names of the parties in the decision published on the website of the Federal Tribunal.

Case information

Docket number: 
4A_612/2009
Original language: 
German
Published: 
28 ASA Bull 612 (2010)
Parties
Counsel
PDF version of the translation: 
Chairman: 
May 3, 2010

This opinion of the Swiss Federal Tribunal involves a long-distance runner that the International Association of Athletics Federations (“IAAF”) banned from late April 25, 2006 until early December 2008 for using 19-Norandrosterone. Prizes and medals related to the 2006 Seoul Marathon were revoked.

Case information

Docket number: 
4A_456/2009
Original language: 
German
Published: 
28 ASA Bull 786 (2010)
Parties
Appellant: 
Respondent: 
Counsel
PDF version of the translation: 
Chairman: