Arbitration Case Digest

CAS jurisdiction confirmed despite compulsory arbitration clause

25.03.2021

Case Number: 4A_600/2020 (27 January 2021)

CAS jurisdiction confirmed despite compulsory arbitration clause

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 and confirmed by reference to the European Court of Human
Rights' (ECtHR) decision in Mutu and Pechstein v Switzerland (Applications no. 40575/10 and no. 67474/10)
(ECHR 324 (2018)), that compulsory arbitration in sport is permissible provided the arbitral tribunal is sufficiently
independent and impartial.

 

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