Arbitration Case Digest

Compliance with time-limits is an admissibility requirement and alleged breaches of ECHR only considered from ordre public perspective

14.04.2022

4A_406/2021 (14.02.2022)

Compliance with time-limits is an admissibility requirement and alleged breaches of ECHR only considered from ordre public perspective

In a recently published French language decision, the Supreme Court rendered its latest decision in the Sun Yang saga. The Supreme Court rejected a setting aside application by Chinese swimmer Sun Yang (Athlete) against an award of the Court of Arbitration for Sport (CAS) finding him guilty of an Anti-Doping Rule Violation (ADRV).

Initially, the Athlete had refused to release samples to testing personnel during an unannounced doping control in September 2018, leading to disciplinary proceedings before the International Swimming Federation (FINA). The Athlete was cleared by the FINA Doping Panel but that decision was appealed by the World Anti-Doping Agency (WADA) before the CAS, who upheld the appeal in a final award that was later set aside.

 

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