Brief overview of the recent CAS and SFT jurisprudence on res judicata

Brief overview of the recent CAS and SFT jurisprudence on res judicata
After the increasing recourse from members of the football community to the State courts and national arbitral tribunals or dispute resolution chambers, the Court of Arbitration for Sport (CAS), in its recent jurisprudence, was faced with the issue of res judicata in numerous cases. When appearing as an arbitral tribunal in a dispute, where a final decision of a national arbitral tribunal or a State court exists, the CAS is obliged to examine, ex officio, the existence of res judicata - a general principle, which precludes adjudicating disputes that have already been decided.

Swiss Federal Tribunal, Decision 4A_490/2009, 13 April 2010

Swiss Federal Tribunal, Decision 4A_374/2014, 26 February 2015

Swiss Federal Tribunal, Decision 4A 633/2014, 29 May 2014

Swiss Federal Tribunal, Decision 4A_6/2014, 28 August 2014

CAS 2009/A/1880 FC Sion v. FIFA & Al-Ahly Sporting Club, CAS 2009/A/1881 E. v. FIFA & Al-Ahly Sporting Club

CAS 2010/A/2091 Dennis Lachter v. Derek Boateng Owusu

CAS 2012/A/2912 Koji Murofushi & Japanese Olympic Committee v. International Olympic Committee

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