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Blogs - Arbitration Case Digest

Challenge against CAS award dismissed despite sole arbitrator admitting to mistakes in factual findings

06.09.2018 – Case Number: 4A_578/2017 (20 July 2018)

In a French-Language decision, the Swiss Supreme Court rejected a challenge to set aside a Court of Arbitration for Sport (CAS) award for an alleged violation of the right to be heard.

Although the CAS sole arbitrator admitted to having made a clear mistake in the factual findings of the award, the court dismissed the request to set aside the award. It held that, although the right to be heard is a formal procedural right, the petitioner must be able to demonstrate that the violation of the right to be heard had a material impact on the outcome of the case. (Decision 4A_578/2017 (20 July 2018).)