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Challenge to award not allowed as filed in a foreign language

29 December 2015

Authors: Nathalie Voser; Anya George

The Swiss Supreme Court has refused to allow a petition to set aside an award of the Court of Arbitration for Sport (CAS) because, contrary to Article 42(1) of the Statute on the Swiss Supreme Court (SSSC), which provides that submissions to the Supreme Court must be made in an official language of Switzerland (that is, German, French or Italian), the petition was submitted in a foreign language.
The Supreme Court did give the petitioner the opportunity to remedy his mistake, setting a deadline for him to submit a translation. However, the petitioner sent the translation by email, with no electronic signature, on the last day of the deadline. In doing so, he again failed to comply with the requirements of the SSSC, according to which submissions to the Supreme Court must be made either in hard copy, with a handwritten signature, or electronically, with a certified electronic signature. The petitioner also submitted the brief in hard copy, but posted it after the deadline. The submission was consequently dismissed as out of time.

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Published in Practical Law Arbitration



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