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CAS 92/A/63 GUNDEL v FEI

  • Ian S. BlackshawEmail author
Chapter
Part of the ASSER International Sports Law Series book series (ASSER)

Abstract

A German equestrian competitor appealed a decision of the International Equestrian Federation’s (“FEI’s”) Judicial Commission to the Court of Arbitration for Sport (“CAS”). The decision was disciplinary in nature and involved the imposition of a suspension and fine on the competitor as a result of his horse testing positive for a prohibited substance. Although it reduced the fine (marginally) and the suspension (from three months to one), CAS dismissed the substance of the appeal. Gundel then sought to challenge the CAS award at the First Civil Division of the Swiss Federal Supreme Tribunal (“SFST” or “Swiss Supreme Court”) on the grounds that CAS did not offer sufficient guarantees of independence and impartiality to rule in his appeal such that CAS awards could not be deemed recognisable and enforceable as international arbitral awards. The SFST, whose competency to hear a public law appeal against CAS rested in an application of the Swiss Federal Statute on Private International Law, dismissed Gundel’s application and held that on balance CAS satisfied the essentials of a “true” arbitral tribunal.

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Copyright information

© T.M.C. ASSER PRESS, The Hague, The Netherlands, and the author(s) 2013

Authors and Affiliations

  1. 1.TMC Asser Institute’s International Sports Law CentreCourt of Arbitration for Sport and Anglia Ruskin UniversityCambridgeUK

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