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Suspected press leak does not lead to overturned award

29 March 2016

Authors: Philippe Bärtsch; Anna Kozmenko

In a French-­language decision dated 8 March 2016 and published on 29 March 2016, the Swiss Supreme Court upheld an arbitral award rendered by an arbitral tribunal at the Court of Arbitration for Sport (CAS). Ten days before the award was sent to the parties, a newspaper article purporting to report the outcome of the impending award was published. The appellant alleged that a member of the CAS tribunal had leaked information to the press but was unable to furnish hard proof or a plausible explanation for the leak. The Swiss Supreme Court ruled that under these circumstances, even if there had been a leak, the award would not be set aside. With this case, the Swiss Supreme Court has confirmed the view of many Swiss commentators that a breach of confidentiality will not, in general, result in the setting aside of the award. (Decision 4A_510/2015.)

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Published in Practical Law Arbitration

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