Abstract
Following up on the 2016 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 and 31 December 2017. A table setting out the case references, the grounds invoked in the annulment 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_444/2016 and 446/2016, decision of 17 February 2017; SFT 4A_480/2015, decision of 31 October 2017; SFT 510/2017, decision of 9 November 2017.
- 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_690/2016, Decision of 9 February 2017, para 5. In this specific instance, legal aid was denied as the applicant’s case did not satisfy one of the requirements of Article 64(1) SCA, namely that the application for annulment should not appear, on its face, destined to fail. See also SFT 4A_384/2017, Decision of 4 October 2017, para 5 (not summarized in Sect. 2 below), and SFT 4A_592/2017, Decision of 5 December 2017, para 5 (not summarized in Sect. 2 below).
- 4.
Notably, the SFT’s reasoning (at para 3.3.3) confirmed its case law according to which the adjudicatory instances within sports federations or associations, such as the FIFA DRC, are not independent arbitral tribunals but rather internal decision-making bodies, giving effect to the association’s own will.
- 5.
The data included in Table 1 was up to date as of 30 October 2019.
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
Schramm D (2018) Review of the Recent Case Law of the Swiss Federal Supreme Court. In: Müller Ch, Besson S, Rigozzi A (eds) New Developments in International Commercial Arbitration 2018. Stämpfli Editions, Bern, pp. 55–104
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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 2017. Yearbook of International Sports Arbitration. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/15757_2020_31
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DOI: https://doi.org/10.1007/15757_2020_31
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