Swiss Arbitration Decisions

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CAS letter on admissibility not appealable

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.

Letter of appointment of a sole arbitrator is not a decision that can be appealed directly to the Federal Tribunal

June 6, 2019

This case involves a professional boxer (the Athlete), WADA, and the Athlete’s national antidoping agency. WADA filed an appeal to the CAS against the federation’s tribunal decision and requested a three-member panel, reserving however its right to request a sole arbitrator if the Athlete failed to pay its share on the advance of costs.

CAS jurisdiction on a doping case confirmed - no procedural violations in the award

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”).

Dismissal of an appeal to set aside a CAS award; a reference to anti-doping rules of FIFA in the articles of a federation is sufficient to establish the jurisdiction of the CAS

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.

The time limit to file an appeal to the CAS is a question of admissibility, not of jurisdiction.

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.

Award allegedly issued by a truncated tribunal; claim that CAS decided ultra petita when imposing sanctions for the first time; several claims of violation of public policy (all claims rejected)

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)

Challenge of a CAS arbitrator for inappropriate tweets, or the "duty of curiosity" revisited

December 22, 2020

Chinese elite swimmer Sun Yang has managed to draw the attention of sports arbitration practitioners in recent years: after the first CAS public hearing following the ECtHR Pechstein judgment and several motions filed with the Swiss Federal Tribunal during the CAS proceedings, this important judgment constitutes the first in the history of the CAS where the Federal Tribunal has annulled a CAS award for bias of its Panel Chair, Mr.

Swiss Arbitration Decisions

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