Selected Case-Law of the Swiss Federal Tribunal in Football-Related-Matters (June 2022)

Selected Case-Law of the Swiss Federal Tribunal in Football-Related-Matters (June 2022)

[1] This article traditionally provides an overview on a selection of recent case-law of the Swiss Federal Tribunal (SFT) in relation to civil law appeals against arbitral awards of the Court of Arbitration for Sport (CAS) concerning football-related disputes. 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.

In continuation of the contribution in the last edition of Football Legal,[2] the first two decisions before the SFT concern disputes of players with clubs facing bankruptcy proceedings. They illustrate the dynamic intersection between international sports law and national bankruptcy law while clarifying the question of CAS and SFT jurisdiction and the arbitrability of such disputes. A third case before the SFT concerns an appeal in an employment-related dispute based on FIFA’s alleged lack of jurisdiction. This case provides further clarification on the scope of possible grounds of appeal to the SFT.

 

Decision SFT 4A_300/2021 of 11 November 2021