February 26, 2024

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Equality opinion

SFT Rules On Limited Scope Of Review For Procedural Violations

Gavel and Football Pitch

Gavel and Football Pitch

Friday, 01 July 2022
By Dr Despina Mavromati

In this recent football-linked process the Appellant—represented by legal counsel—had sent its statement of attractiveness to the CAS by e-mail but unsuccessful to send out it by courier in the granted time restrict, invoking pressure majeure because of to the COVID-19 pandemic. The charm was declared inadmissible by the CAS Division President. In the subsequent movement to established aside the CAS award, the SFT turned down the force majeure argument, contemplating that the Appellant was equipped to reply to a CAS submission by post one working day after its receipt, and that there was also the likelihood to file the submissions by electronic submitting. The SFT dismissed the charm recalling the incredibly restricted scope of review in scenario of non-compliance with the type needs and applicable time limits. See also the judgment 4A_416/2020.

Note: This was at first posted on SportsLegis, a specialised sports activities legislation follow run by Dr Despina Mavromati. The initial can be found in this article.

An English translation of the judgment can be viewed down below.

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Written by

Despina Mavromati

Dr Despina Mavromati

Dr. Despina Mavromati is an lawyer at the Swiss legislation firm BianchiSchwald and has comprehensive encounter in intercontinental sporting activities regulation and arbitration. She signifies athletes, clubs and federations and advises on regulatory and sports governance issues, together with the recognition and enforcement of awards and freezing of property in Switzerland. Despina has acted as counsel, co-counsel, qualified or arbitrator in quite a few sports activities arbitrations, involving contractual, governance, doping-relevant and other disciplinary and ethics issues. Recognized as a Thought Chief by Who’s Who Authorized in Switzerland each and every calendar year given that 2018, “Despina Mavromati is a “brilliant and accomplished” law firm, renowned for acquiring “built a great name and profile in the market””.

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