SFT Rules On Limited Scope Of Review For Procedural Violations


Gavel and Football Pitch

Friday, 01 July 2022
By Dr Despina Mavromati

In this latest football-connected course of action the Appellant—represented by legal counsel—had despatched its assertion of enchantment to the CAS by e-mail but unsuccessful to send it by courier within the granted time restrict, invoking drive majeure thanks to the COVID-19 pandemic. The appeal was declared inadmissible by the CAS Division President. In the subsequent motion to set aside the CAS award, the SFT rejected the force majeure argument, thinking of that the Appellant was ready to reply to a CAS submission by put up just one working day just after its receipt, and that there was also the probability to file the submissions by electronic filing. The SFT dismissed the attraction recalling the extremely constrained scope of critique in scenario of non-compliance with the kind demands and relevant time limitations. See also the judgment 4A_416/2020.

Note: This was at first posted on SportsLegis, a specialised athletics legislation apply operate by Dr Despina Mavromati. The authentic can be found here.

An English translation of the judgment can be viewed under.

Keep on studying this posting…

Sign-up with your email and password
Currently a member? Signal in

Get accessibility to all of the expert evaluation and commentary at LawInSport together with article content, webinars, meeting videos and podcast transcripts.  Find out much more listed here.

Penned by

Despina Mavromati

Dr Despina Mavromati

Despina Mavromati is a Swiss and Greek lawyer with intensive knowledge in worldwide athletics legislation and arbitration. She signifies athletes, clubs and federations and advises on all regulatory and sports activities governance matters, including the recognition and enforcement of awards and freezing of assets in Switzerland. Despina has acted as counsel, co-counsel, qualified or arbitrator in more than 80 sports arbitrations, involving contractual, governance, doping-similar and other disciplinary and ethics matters.


Source hyperlink