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Swiss Supreme Court examines alleged breach of public order in light of CAS decision to overlook agreed facts in settlement agreement

30 January 2013

Authors: Georg von Segesser, Benjamin Moss

In a French-language decision dated 6 December 2012, the Swiss Supreme Court rejected an application to set aside an arbitral award rendered in Court of Arbitration for Sport (CAS) proceedings that involved a dispute between two football clubs and a player over the presumed breach of an employment contract. The applicant had argued that the CAS tribunal, in considering sanctions that had been imposed by FIFA on certain parties, violated material and procedural public policy by failing to take into account facts that had been agreed upon by the parties in their settlement agreement.

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Published in Practical Law Arbitration


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