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Federal Tribunal rejects revision and setting aside petitions against a CAS award

03 December 2009

Authors: Nathalie Voser, James Menz

In two decisions dated 13 October 2009 and published on 5 November 2009, the Swiss Federal Tribunal rejected petitions for revision and setting aside of an award by the Court of Arbitration for Sport (CAS). The claimant alleged that the arbitral tribunal violated its right to be heard by failing to take Into account a recent technical directive by the World Anti-Doping Agency, or alternatively that the technical directive justified revision of the award under the "newly discovered evidence" provision of Article 123(2) of the Federal Statute on the Federal Tribunal. The Federal Tribunal rejected both petitions, finding that:
  • The award could not be set aside because the claimant had not presented the directive to the arbitral tribunal before It made its award.
  • The award could not be revised because the claimant had been aware of the "newly discovered evidence" at the time of the arbitral hearing, that is, before the award was made.
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Published in Practical Law Arbitration


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