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Sports Arbitration

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One of the most notable characteristics of arbitration before the Court of Arbitration for Sport (“CAS”) is that its procedural rules determine an exclusive seat, in Lausanne, Switzerland[1]. This implies that the judicial review of its awards will be submitted exclusively to the Swiss Federal Tribunal (“SFT”), regardless of whether the parties or the dispute is linked to other States. However, this traditional feature has been analyzed and questioned in the Judgment of the Court…

The Court of Appeal in Brussels has recently handed down an important ruling on the validity of arbitration clauses. Under Belgian law, any dispute relating to a ‘defined legal relationship’ can be submitted to arbitration. As such, an arbitration clause must define the scope of any potential dispute arising between the parties. By a judgement of 4 September 2018, the Brussels Court of Appeal essentially held that the absence of such delimitation will cause the…

On August 30, 2016, the ABA Section of International Law will hold a teleconference entitled “CAS”: The “Supreme Court of Sports” at the 2016 Rio Summer Olympics, featuring Michael Lenard, President of the CAS Ad Hoc Tribunal for the 2016 Summer Olympics. Event details are below. Registration is available on the ABA’s website, here. Format: Teleconference Date: August 30, 2016 Time: 12:00 PM – 1:00 PM ET Sponsor(s): Section of International Law The 2016 Summer Olympics…

In its decision dated March 22, 2016 (case no. 4A_678/2015), the Swiss Federal Supreme Court was called upon to decide whether or not to set aside a CAS arbitral award on the grounds that the tribunal had ruled infra petita and had disregarded a party’s right to be heard. The underlying dispute revolved around a claim raised by a Brazilian football player (B.) against a Portuguese football club (Club A.), the latter of which is a…