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Swiss Federal Tribunal affirms CAS jurisdiction despite lack of arbitration agreement

03 March 2010

Authors: Nathalie Voser, James Menz

In a decision dated 20 January 2010 and published on 10 February 2010, the Swiss Federal Tribunal rejected a petition to set aside an award by a panel of the Court of Arbitration for Sport (CAS). The petitioner had signed no relevant agreement to submit the dispute to arbitration and had specifically objected to the applicability of the dispute resolution mechanism of the sports bodies that dealt with the underlying complaint. Nevertheless, the Federal Tribunal determined that the player's conduct was sufficient to subject him to CAS jurisdiction.

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Published in Practical Law Arbitration


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