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Gavel and Football Pitch

SFT Rules On Limited Scope Of Review For Procedural Violations

Gavel and Football Pitch

Friday, 01 July 2022
By Dr Despina Mavromati

In this recent football-relevant method the Appellant—represented by legal counsel—had sent its assertion of attraction to the CAS by e-mail but failed to send out it by courier inside of the granted time limit, invoking drive majeure thanks to the COVID-19 pandemic. The attraction was declared inadmissible by the CAS Division President. In the subsequent movement to set apart the CAS award, the SFT rejected the power majeure argument, thinking of that the Appellant was ready to reply to a CAS submission by write-up one particular working day right after its receipt, and that there was also the risk to file the submissions by electronic submitting. The SFT dismissed the enchantment recalling the very restricted scope of evaluation in situation of non-compliance with the sort necessities and relevant time boundaries. See also the judgment 4A_416/2020.

Note: This was at first released on SportsLegis, a specialised sports law observe run by Dr Despina Mavromati. The authentic can be found listed here.

An English translation of the judgment can be considered below.

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Despina Mavromati

Dr Despina Mavromati

Dr. Despina Mavromati is an legal professional at the Swiss legislation firm BianchiSchwald and has considerable experience in international sports legislation and arbitration. She signifies athletes, clubs and federations and advises on regulatory and athletics governance issues, including the recognition and enforcement of awards and freezing of belongings in Switzerland. Despina has acted as counsel, co-counsel, skilled or arbitrator in numerous sporting activities arbitrations, involving contractual, governance, doping-similar and other disciplinary and ethics issues. Recognized as a Believed Chief by Who’s Who Authorized in Switzerland each individual 12 months given that 2018, “Despina Mavromati is a “brilliant and accomplished” law firm, renowned for owning “built a excellent title and profile in the market””.

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