SFT Guidelines On Restricted Scope Of Assessment For Procedural Violations

Gavel and Football Pitch

Friday, 01 July 2022
By Dr Despina Mavromati

On this latest football-related process the Appellant—represented by authorized counsel—had despatched its assertion of enchantment to the CAS by e-mail however didn’t ship it by courier throughout the granted time restrict, invoking drive majeure because of the COVID-19 pandemic. The enchantment was declared inadmissible by the CAS Division President. Within the subsequent movement to put aside the CAS award, the SFT rejected the drive majeure argument, contemplating that the Appellant was capable of reply to a CAS submission by put up in the future after its receipt, and that there was additionally the chance to file the submissions by digital submitting. The SFT dismissed the enchantment recalling the very restricted scope of overview in case of non-compliance with the shape necessities and relevant cut-off dates. See additionally the judgment 4A_416/2020.

Be aware: This was initially printed on SportsLegis, a specialised sports activities legislation follow run by Dr Despina Mavromati. The unique may be found here.

An English translation of the judgment may be considered beneath.

Proceed studying this text…

Register together with your e mail and password
Already a member? Check in

Get entry to all the skilled evaluation and commentary at LawInSport together with articles, webinars, convention movies and podcast transcripts.  Discover out extra right here.

Written by

Despina Mavromati

Dr Despina Mavromati

Dr. Despina Mavromati is an legal professional on the Swiss legislation agency BianchiSchwald and has intensive expertise in worldwide sports activities legislation and arbitration. She represents athletes, golf equipment and federations and advises on regulatory and sports activities governance issues, together with the popularity and enforcement of awards and freezing of belongings in Switzerland. Despina has acted as counsel, co-counsel, skilled or arbitrator in quite a few sports activities arbitrations, involving contractual, governance, doping-related and different disciplinary and ethics issues. Acknowledged as a Thought Chief by Who’s Who Authorized in Switzerland yearly since 2018, “Despina Mavromati is a “good and achieved” lawyer, famend for having “constructed a fantastic identify and profile available in the market””.

  • This e mail handle is being shielded from spambots. You want JavaScript enabled to view it.