CAS award in dispute between Brazilian soccer player and Portuguese football club confirmed
14 April 2016
Authors: Nathalie Voser
; Jörn Eschment
In a German-language decision dated 22 March 2016 and published on 14 April 2016, the Swiss Supreme Court rejected a soccer club's petition to set aside a Court of Arbitration for Sport (CAS) award on the ground that it partially failed to decide its claim (infra petita) and violated its right to be heard.
The Supreme Court held that the CAS award had in fact addressed all elements of the claim, either directly or interpreting the award in good faith, whilst the remainder of the petition merely criticised the reasoning of the CAS award and the outcome of the case, without establishing a violation of the right to be heard. (Decision 4A_678/2015.)
Published in Practical Law Arbitration
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