Abstract
Continuing from where we left off in the previous edition, this digest summarizes the decisions issued by the SFT, in its capacity as the court of supervisory jurisdiction over sports-related arbitral awards rendered in Switzerland, between 1 January 2018 and 31 December 2020. A table setting out the case references, the grounds invoked in the annulment, revision and enforcement proceedings, and the outcome of the SFT’s decisions, as well as links to English translations thereof and published commentaries, can be found at the end of the digest.
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Notes
- 1.
SFT 4A_30/2018, decision of 8 February 2018; SFT 4F_8/2018, decision of 14 March 2018; SFT 4A_234/2019, decision of 9 July 2019; SFT 4A_160/2020, decision of 30 April 2020; SFT 4A_202/2020, decision of 5 August 2020; SFT 4A_290/2020, decision of 26 August 2020.
- 2.
For a review of the legal framework governing remedies against sports arbitral awards in Switzerland, including the grounds for annulment before the Supreme Court, see Hasler and Hafner (2016), pp. 350–370, with further references.
- 3.
SFT 4A_426/2017, decision of 17 April 2018; SFT 4A_560/2018, decision of 16 November 2018; SFT 4A_56/2018, decision of 30 January 2019; SFT 4A_662/2018, decision of 14 May 2019; SFT 4A_146/2019, decision of 6 June 2019; SFT 4A_597/2019, decision of 17 March 2020; SFT 4A_543/2019, decision of 30 April 2020.
- 4.
Shortly after the Player’s application, FIFA also filed an application for annulment against the Award (SFT 4A_560/2018, Decision of 16 November 2018), the outcome of which is summarized in Sect. 2.6.2.
- 5.
SFT 4A_318/2018, Order issued by the President of the SFT’s 1st Civil law division on 30 May 2018, and summarized in the press release issued by the SFT on 31 May 2018, available (in French) at https://www.bger.ch/files/live/sites/bger/files/pdf/Medienmitteilungen/fr/4A_318_2018_Intranet_Rupture_d_embargo_f.pdf. The aforementioned Order was then revoked by the SFT, upon WADA’s request once the reasoned Award became available, in a new Order issued on 22 August 2018. On 6 September 2018, the Player filed another application for the stay of the Award, which was rejected by the SFT on 27 September 2018.
- 6.
FECAFOOT’s application was solely based on Article 190(2)(c) PILA; it is summarized in Sect. 2.3.2.
- 7.
See Hasler and Hafner (2016), pp. 368–369 and footnote n° 101.
- 8.
SFT 4A_510/2015, decision of 8 March 2016. See Hasler and Hafner (2016), pp. 397 and 405.
- 9.
See ATF 138 III 322, decision of 27 March 2012.
- 10.
See Hasler and Hafner (2020), pp. 156–157, 165 (SFT 4A_470/2016, decision of 3 April 2017).
- 11.
The data included in the table was up to date as of 30 September 2022.
References
Hasler E, Hafner Y (2016) Sports Arbitration Cases Before the Swiss Federal Tribunal in 2015—A Digest. In: Duval A, Rigozzi A (eds) Yearbook of International Sports Arbitration 2016. TMC Asser Press, The Hague, pp. 349–386
Hasler E, Hafner Y (2020) Sports Arbitration Cases Before the Swiss Federal Tribunal in 2017—A Digest. In: Duval A, Rigozzi A (eds) Yearbook of International Sports Arbitration 2020. TMC Asser Press, The Hague, pp. 147–178
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Hafner, Y., Coppa, R., Hasler, E. (2023). Sports Arbitration Cases Before the Swiss Federal Tribunal in 2018–2020—A Digest. In: Duval, A., Rigozzi, A. (eds) Yearbook of International Sports Arbitration 2018–2020. Yearbook of International Sports Arbitration. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/15757_2023_46
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DOI: https://doi.org/10.1007/15757_2023_46
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