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CAS award not in breach of ultra petita principle

01 September 2015

Authors: Nathalie Voser; Katherine Bell

In a German-language decision dated 2 July 2015, the Swiss Supreme Court rejected a petition to set aside a CAS award. It held, among other grounds, that the CAS panel had not decided ultra petita (beyond the matters submitted) by merely weighing the elements of the awarded amount differently to the claimant, without exceeding the total amount claimed.

The court also commented on the CAS panel's decision to award damages in a different currency to that in which the claims were made. Although that was not subject to challenge in this petition, the court's comments suggest that this may constitute a breach of the ultra petita principle. (Decision 4A_684/2014.)

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Published in Practical Law Arbitration

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Elliott Geisinger
Elliott Geisinger

Nathalie Voser
Nathalie Voser

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