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Petition to set aside CAS award partially granted

04 August 2015

Authors: Nathalie Voser; Hannah Boehm

In a French decision dated 15 July 2015 and published on 4 August 2015, the Swiss Supreme Court partially set aside a Court of Arbitration for Sport (CAS) award. It held that the sole arbitrator had violated the right to be heard because it had failed to address material arguments raised by the petitioner.

Furthermore, the court clarified that that the parties' direct or indirect agreement to limit the arbitral tribunal's power of review does not violate Swiss procedural ordre public. (Decision 4A_246/2014.)

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Published in Practical Law Arbitration


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