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Federal Tribunal sets aside CAS award for lack of a valid arbitration agreement

04 February 2010

Authors: Nathalie Voser, Christopher Boog

In a recent decision dated 6 November 2009 and published on 24 December 2009, the Swiss Federal Tribunal set aside an award by the Court of Arbitration for Sport (CAS) in Lausanne. The Federal Tribunal held that, although it generally adopted a liberal approach to the validity of arbitration agreements, in the present case the mere fact that the appellant had signed an entry form for a specific tournament was not sufficient to constitute a valid arbitration agreement for disputes outside the scope of such tournament.

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Published in Practical Law Arbitration


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