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CAS arbitral award partially annulled for lack of jurisdiction

01 October 2014

Authors: Philippe Bärtsch, Julie Raneda

In a French language decision 4A_6/2014 dated 28 August 2014, the Swiss Supreme Court partially annulled an award rendered by the Court of Arbitration for Sport (CAS) for lack of jurisdiction. The court gave insightful comments on the nature of arbitral awards rendered by the CAS as an appellate body and the consequences that this may have on the annulment grounds that can be invoked before the Supreme Court. It further confirmed its recent case law relating to preliminary awards, according to which such awards may be challenged on all of the grounds in Article 190(2) PILA, but only to the extent that the grounds in Article 190(2)(c)-(e) are strictly limited to issues relating to the composition or the jurisdiction of the arbitral tribunal. (Decision 4A_6/2014.)

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Published in Practical Law Arbitration

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