Arbitration Case Digest

CAS award implicitly dismissing requests for relief not subject to challenge

28.01.2021

Case Number: 4A_198/2020 (1 December 2020)

CAS award implicitly dismissing requests for relief not subject to challenge

In a recently published French-language decision, the Swiss Supreme Court dismissed an application to set aside a Court of Arbitration for Sport (CAS) award based on the plea of ne infra petita (less than what was requested) and the violation of the right to be heard. The court found that by accepting the appeal, the CAS panel had, at least implicitly, dismissed the claim pertaining to the inadmissibility of the appeal due to lack of signature on the appeal brief.

 

Subscribe to our Updates

*Required fields

Monthly selected key topics from our practice areas and sectors, plus Newsflashes on current events.
Monthly email with the latest updates on and summaries of the Swiss Federal Supreme Court's case law in arbitration matters.
A regular look (1 – 2 per year) from a unique M&A perspective on legal changes, economic developments and societal trends in Switzerland.
Regular insights on Swiss and international trends and legal developments in the construction industry.
Concise analyses of key trends in the fast moving world of corporate governance for the boards of Swiss companies.