SFT Rules On Limited Scope Of Review For Procedural Violations
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Friday, 01 July 2022
By Dr Despina Mavromati
In this the latest football-connected course of action the Appellant—represented by legal counsel—had despatched its statement of attractiveness to the CAS by e-mail but unsuccessful to send out it by courier inside the granted time limit, invoking power majeure owing to the COVID-19 pandemic. The charm was declared inadmissible by the CAS Division President. In the subsequent movement to set apart the CAS award, the SFT rejected the pressure majeure argument, thinking about that the Appellant was in a position to reply to a CAS submission by article one day soon after its receipt, and that there was also the probability to file the submissions by electronic filing. The SFT dismissed the enchantment recalling the really minimal scope of critique in circumstance of non-compliance with the kind needs and applicable time limits. See also the judgment 4A_416/2020.
Observe: This was at first printed on SportsLegis, a specialised sports activities legislation apply operate by Dr Despina Mavromati. The first can be found below.
An English translation of the judgment can be viewed beneath.
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Prepared by
Dr Despina Mavromati
Despina Mavromati is a Swiss and Greek lawyer with substantial experience in international sports activities law and arbitration. She represents athletes, clubs and federations and advises on all regulatory and sporting activities governance issues, such as the recognition and enforcement of awards and freezing of assets in Switzerland. Despina has acted as counsel, co-counsel, specialist or arbitrator in far more than 80 athletics arbitrations, involving contractual, governance, doping-connected and other disciplinary and ethics issues.
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