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Swiss Supreme Court on effect of untimely appeal before the CAS and on burden and standard of proof in sports arbitration

02 August 2012

Authors: Nathalie Voser, Elisabeth Leimbacher

In a French-language decision dated 18 June 2012 and published on 12 July 2012, the Swiss Supreme Court among other interesting observations considered as "convincing" the view that the Court of Arbitration for Sport retains jurisdiction to dismiss an appeal filed after expiry of the time limit, without however decisively settling this issue. The Supreme Court also reiterated that the principle of reverse onus in doping disputes does not trigger "ordre public" in terms of Article 190(2)(e) PILA.

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Published in Practical Law Arbitration


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