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Swiss Supreme Court confirms restrictive approach towards public policy issues in sports disciplinary cases

01 May 2013

Authors: Nathalie Voser, Aileen Truttmann

The Swiss Supreme Court has considered whether the principle of reverse onus in sports disciplinary law is contrary to public policy.

In a German-language decision of 21 March 2013, published on 11 April 2013, the Swiss Supreme Court confirmed that the principle of reverse onus in sports disciplinary law is not contrary to public policy.

The court considered that a two year suspension was not such a severe infringement of a player's individual rights that it would be contrary to public policy. It also held that an arbitral tribunal does not violate the principle of the right to be heard if it does not deal with irrelevant arguments brought forward by the petitioner. (4A_522/2012.)

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Published in Practical Law Arbitration


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