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Swiss Supreme Court on consent in sports arbitration and a non-signatory's standing to bring a claim before the CAS

03 April 2012

Authors: Nathalie Voser, Elisabeth Leimbacher

In a French-language decision dated 13 February 2012 and published on 2 March 2012, the Swiss Supreme Court confirmed its liberal case law regarding arbitration agreements by reference in sports arbitration, otherwise referred to as "mandatory arbitration". The Court ruled that in sports-related disputes, the issue as to whether a non-signatory to the arbitration agreement can challenge the arbitral tribunals' decision relates to the standing of a party (qualité pour agir), which is a procedural question. It also confirmed previous case law regarding the challenge of decisions on the suspension of arbitral proceedings before the Swiss Supreme Court.

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Published in Practical Law Arbitration


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