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No decision yet on composition of CAS panels

26 May 2015

Authors: Nathalie Voser; Hannah Boehm

In a French language decision rendered on 14 April 2015, the Swiss Supreme Court dismissed an athlete's appeal against a state court's decision regarding the composition of the Court of Arbitration for Sport (CAS) panel in charge of her appeal. The court held that the athlete no longer had a current interest in the setting aside of the decision since the CAS panel in question had already rendered its award and she could therefore challenge the award itself.

As a result, the Swiss Supreme Court did not (yet) have to address the question whether or not a CAS panel composed of arbitrators from the official CAS list meets the requirements of independence and impartiality. However, it is likely that these questions will have to be addressed when the Swiss Supreme Court decides on the athlete's appeal against the award of the CAS panel in question. (Decision 4A_126/2015).

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Published in Practical Law Arbitration


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