Federal Supreme Court Annuls CAS Award in Jordan Chiles Case: Field of Play and Newly Discovered Evidence

On 23 January 2026, the Swiss Federal Supreme Court (SFSC or the Court) rendered a rare decision^[1] in the field of international sports arbitration. The decision upheld the requests for revision filed by Olympian Jordan Chiles and USA Gymnastics and set aside the Court of Arbitration for Sport (CAS) Ad Hoc Division award^[2] (Award) that had deprived Jordan Chiles of the bronze medal during the Paris 2024 Olympic Games. The case has now been remitted to the CAS Panel for a new decision. The CAS Panel retains its full power to review the facts and the law in its new decision but is bound by the decision of the SFSC requiring them to consider the newly discovered evidence.

Annulment of an international arbitral award by the SFSC is exceptional, particularly in the context of sports arbitration. The judgment provides interesting guidance on two specific issues under Swiss law:

1. the boundaries of sport’s “field of play” doctrine, and
2. the revision of arbitral award based on newly discovered evidence (under Article 190a of the Private International Law Act - PILA), including the standard of diligence required from parties seeking to rely on such new evidence.

This article will first briefly set out the background facts and then examine the reasoning of the SFSC on these two key issues. For a detailed analysis of the original CAS award, please see: Balancing act: CAS challenges and the 'field of play' doctrine in Olympic gymnastics (Chiles & Maneca-Voinea cases) and Jordan Chiles Olympic Medal Controversy: Background to Dispute & CAS Decision.^[3]

Contents

• Background facts
• Proceedings before the SFSC
• Field of play
• Revision under Article 190a(1)(a) PILA – newly discovered evidence
• Comment