Although Article 51 of the FIFA Code of Ethics (FCE), stating that “[t]he members of the Ethics Committee shall judge and decide on the basis of their personal convictions” is entitled “Standard of proof”, this is a provision that seems to have less to do with the notion of standard of proof (as usually understood by arbitral tribunals, including CAS panels) than with the consistent approach of Swiss jurisprudence to adjudication, under which the judging body must not look for the objective truth but for the subjective truth, i.e. whether or not the judging body is personally convinced of a certain...
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CAS 2019/A/6344 Marco Polo Del Nero v. FIFA