Recent Jurisprudence of the Swiss Federal Tribunal on Football Matters

Recent Jurisprudence of the Swiss Federal Tribunal on Football Matters

This article provides a short overview on selected recent case law rendered by the Swiss Federal Tribunal (SFT) concerning civil law appeals filed against arbitral awards of the Court of Arbitration for Sport (CAS). The decisions of the SFT cover important matters such the right to appeal the decision of a national sporting body to CAS or some of the legal remedies available in the context of CAS proceedings. Some statements by the SFT specifically deal with particularities of sports arbitration. Other decisions, not related to sports arbitration, concern the consequences of an incomplete notification of an arbitral award and the requirements of independence and impartiality of arbitrators.Sports law practitioners are, as always, well advised to carefully follow developments in the case law of the SFT, in order to understand the full extent of the parties’ rights and the legal remedies available in the context of arbitration proceedings.  Sports law practitioners are, as always, well advised to carefully follow developments in the case law of the SFT, in order to understand the full extent of the parties’ rights and the legal remedies available in the context of arbitration proceedings.

Francisco Rapp is a Junior Associate at Bär & Karrer, Zurich, Switzerland; Dr. Jan Kleiner is a Partner at Bär & Karrer and co-heads the firm’s Sports Law Department.

Decision 4A_268/2019 of 17 October 2019[1]

Overview

The decision 4A_268/2019 of 17 October 2019 concerned an employment dispute between an Algerian football player (Player) and an Algerian football club (Club).

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