The Swiss Federal Tribunal’s key sports law judgments of 2023
This article summarises key judgments from the Swiss Federal Tribunal in 2023 in the field of sports law. The principles and cases examined are:
- The nature of the CAS Anti-Doping Division proceedings
- FIFA PSC jurisdiction to hear set-off claims for damages against contractual claims in transfer disputes
- ‘Ne bis in idem’ (double jeopardy) in disciplinary proceedings initiated at both national and international levels
- The principle of procedural celerity (swiftness) re. extensions to issue a CAS award and the validity of the arbitration agreement
- Right of a complainant to obtain the full decision in sports disciplinary proceedings
- Late filing of a statement of appeal due to non-established technical problems and excessive formalism
- Potential conflict of interest - publicly available information and duty of curiosity of the parties in a CAS procedure
- SFT Judgment in the motion to set aside the CAS award in the Yves-Jean Bart case
- No violation of ‘res judicata’ in case of an action filed before the national courts and a subsequent FIFA disciplinary procedure
A more detailed summary note of each case (as written by the author) can be found in the footnotes.
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- Tags: CAS | Dispute Resolution | FIFA | Football | Integrity | Match-Fixing | Swiss Federal Tribunal | Tennis | UCI
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Written by
Dr Despina Mavromati
Dr Despina Mavromati is an independent attorney-at-law based in Lausanne, a UEFA Club Financial Control Body Member and an arbitrator at the Court of Arbitration for Sport (CAS). She has extensive experience in international sports law and arbitration. She represents athletes, clubs and federations and advises on regulatory and sports governance matters, including the recognition and enforcement of awards and freezing of assets in Switzerland.
Despina has acted as arbitrator, counsel, co-counsel, expert or arbitrator in numerous sports arbitrations, involving contractual, governance, doping-related and other disciplinary and ethics matters. Recognized as a Thought Leader by Who’s Who Legal in Switzerland every year since 2018, “Despina Mavromati is “brilliant and accomplished” and “an amazing lawyer with immense knowledge and expertise when it comes to disputes before the CAS” (Who’s Who Legal 2023).
