SFT Rules On Limited Scope Of Review For Procedural Violations
Friday, 01 July 2022
By Dr Despina Mavromati
In this modern football-associated course of action the Appellant—represented by legal counsel—had sent its assertion of attractiveness to the CAS by e-mail but unsuccessful to send out it by courier inside of the granted time limit, invoking drive majeure because of to the COVID-19 pandemic. The attraction was declared inadmissible by the CAS Division President. In the subsequent motion to set aside the CAS award, the SFT rejected the pressure majeure argument, thinking about that the Appellant was capable to reply to a CAS submission by article 1 working day immediately after its receipt, and that there was also the chance to file the submissions by electronic submitting. The SFT dismissed the attractiveness recalling the incredibly restricted scope of evaluation in case of non-compliance with the kind specifications and relevant time limits. See also the judgment 4A_416/2020.
Notice: This was initially published on SportsLegis, a specialised sports law practice run by Dr Despina Mavromati. The initial can be found below.
An English translation of the judgment can be viewed underneath.
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Dr Despina Mavromati
Despina Mavromati is a Swiss and Greek legal professional with substantial experience in worldwide athletics regulation and arbitration. She signifies athletes, clubs and federations and advises on all regulatory and sports activities governance matters, together with the recognition and enforcement of awards and freezing of property in Switzerland. Despina has acted as counsel, co-counsel, skilled or arbitrator in extra than 80 sports arbitrations, involving contractual, governance, doping-connected and other disciplinary and ethics issues.