SFT Rules On Limited Scope Of Review For Procedural Violations

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.