Swiss Arbitration Decisions

Found 8 result(s)

Jurisdiction of the CAS upheld (no review of the decision of the Arbitral Tribunal on the merits)

January 22, 2009

This decision of the Swiss Federal Tribunal of January 22, 2009 involves sport arbitration and put an end to a dispute involving field hockey.

In April 2008 a qualifier competition for the Olympic Games was held in Baku, Azerbaijan. The Spanish and the Azerbaijan feminine teams played in the final and the Spanish team won. Anti-doping tests were conducted with two players of the Spanish team apparently showing positive results.

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”).

Modification of operative part of an award admitted if in the Appellant’s favor

April 29, 2013

The case involved an athlete who ran away from an anti-doping test by refusing to meet the Doping Control Officer. His federation did not sanction him and an appeal was made to the Court of Arbitration for Sport by the International Association of Athletics Federations.

Partial violation of the right to be heard leads to partial annulment of the award

July 15, 2015

The case involved a dispute between a football club and several players in a country that does not appear on the decision of the Federal Tribunal but should be easily ascertained by those interested in sport matters.

Failure to request the grounds of a FIFA DRC decision on time and appeal to the CAS

September 4, 2019

This decision will be of interest principally to CAS arbitration practitioners.

Decisions of Lausanne Court of Arbitration for Sport, Award ultra or infra petita

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.

Claim of violation of due process through disregard of certain arguments by the CAS tribunal (claim rejected) – Claim of violation of public policy (principles of lex mitior and non-retroactivity) rejected

May 7, 2010

This decision the Federal Tribunal issued on May 7, 2010 involves two international Russian biathletes belonging to the Russian National Biathlon Team, who were tested for illicit substances at the end of 2008 and found positive.

The International Biathlon Union Doping Hearing Panel suspended the biathletes for two years from the date of the tests and an appeal was made to the Court of Arbitration for Sport (“CAS”).

Jurisdiction of the CAS - arbitral clause by reference to regulations of a sports federation

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).

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