SFT Rules On Limited Scope Of Review For Procedural Violations
2 min read
Friday, 01 July 2022
By Dr Despina Mavromati
In this the latest soccer-associated process the Appellant—represented by authorized counsel—had sent its statement of appeal to the CAS by e-mail but unsuccessful to send it by courier within the granted time limit, invoking drive majeure thanks to the COVID-19 pandemic. The attraction was declared inadmissible by the CAS Division President. In the subsequent movement to established apart the CAS award, the SFT rejected the power majeure argument, looking at that the Appellant was in a position to reply to a CAS submission by put up 1 day soon after its receipt, and that there was also the likelihood to file the submissions by electronic submitting. The SFT dismissed the appeal recalling the pretty confined scope of evaluation in situation of non-compliance with the type requirements and applicable time limits. See also the judgment 4A_416/2020.
Be aware: This was at first posted on SportsLegis, a specialised athletics regulation follow run by Dr Despina Mavromati. The primary can be found right here.
An English translation of the judgment can be seen under.
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Prepared by
Dr Despina Mavromati
Dr. Despina Mavromati is an legal professional at the Swiss regulation firm BianchiSchwald and has substantial knowledge in global athletics legislation and arbitration. She represents athletes, clubs and federations and advises on regulatory and sporting activities governance issues, which includes the recognition and enforcement of awards and freezing of assets in Switzerland. Despina has acted as counsel, co-counsel, skilled or arbitrator in quite a few sporting activities arbitrations, involving contractual, governance, doping-relevant and other disciplinary and ethics issues. Recognized as a Imagined Leader by Who’s Who Legal in Switzerland each and every year due to the fact 2018, “Despina Mavromati is a “brilliant and accomplished” law firm, renowned for obtaining “built a fantastic name and profile in the market””.
