SFT Rules On Limited Scope Of Review For Procedural Violations
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Friday, 01 July 2022
By Dr Despina Mavromati
In this new football-related process the Appellant—represented by authorized counsel—had sent its statement of attractiveness to the CAS by e-mail but unsuccessful to send it by courier in the granted time limit, invoking force majeure due to the COVID-19 pandemic. The attraction was declared inadmissible by the CAS Division President. In the subsequent movement to set apart the CAS award, the SFT rejected the pressure majeure argument, considering that the Appellant was equipped to reply to a CAS submission by article just one day following its receipt, and that there was also the possibility to file the submissions by electronic submitting. The SFT dismissed the enchantment recalling the really restricted scope of evaluation in case of non-compliance with the sort requirements and relevant time boundaries. See also the judgment 4A_416/2020.
Note: This was initially posted on SportsLegis, a specialised sporting activities law follow operate by Dr Despina Mavromati. The primary can be found here.
An English translation of the judgment can be considered below.
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Dr Despina Mavromati
Despina Mavromati is a Swiss and Greek lawyer with in depth practical experience in global sporting activities legislation and arbitration. She signifies athletes, golf equipment and federations and advises on all regulatory and sports activities governance matters, together with the recognition and enforcement of awards and freezing of belongings in Switzerland. Despina has acted as counsel, co-counsel, pro or arbitrator in much more than 80 sports arbitrations, involving contractual, governance, doping-associated and other disciplinary and ethics matters.
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