First human rights challenge before Swiss Federal Tribunal after Semenya decision: Reiterates narrow scope of right of appeal
This article discusses a recent decision of the Swiss Federal Tribunal (“SFT”) appears to be the first instance of invocation of violation of the European Convention of Human Rights (“ECHR”) before the court in a sporting context post the Caster Semenya case1.
In this case, the SFT reiterates the narrow scope of Art. 190 (2) d PILA (setting aside of an arbitral award where the principle of equal treatment of the parties or their right to be heard in an adversary procedure were violated) by stating that it does not include ‘factual reasons’ that fall outside the scope of a specific conduct of the arbitral tribunal or criticisms of appellatory nature.
The decision can be read here: 4A_488/2023, judgment of 23 January 2024
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- Tags: Anti-Doping | Blogs | Court of Arbitration for Sport (CAS) | Despina Mavromati | Dispute Resolution | European Court of Human Rights (ECHR) | Human Rights | Olympic | Powerlifting | Russia | Safeguarding | Swiss Federal Tribunal (SFT) | Switzerland
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