Recent Jurisprudence of the Swiss Federal Tribunal: Various Aspects of the Right to be Heard

Recent Jurisprudence of the Swiss Federal Tribunal: Various Aspects of the Right to be Heard

This article presents a summary of recent jurisprudence of the Swiss Federal Tribunal (SFT) in Civil Law Appeals rendered against Arbitral Awards of the Court of Arbitration for Sport (CAS). Three decisions of the SFT have recently addressed (inter alia) an alleged violation of a party’s right to be heard, however with a different emphasis in each case. In one of these cases, the challenge brought to the SFT was successful. All decisions are of practical relevance and deserve special attention from sports law practitioners. This article focuses on the various aspects of the right to be heard and its different significance in each of the three cases. All decisions are of practical relevance and deserve special attention from sports law practitioners. This article focuses on the various aspects of the right to be heard and its different significance in each of the three cases.

SFT, Decision 4A_478/2017, 2 May 2018

SFT, Decision 4A_284/2017, 17 October 2018

Taekwondo Case: Decision 4A_478/2017 of 2 May 2018

The Dispute

The...

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