The Court of Arbitration for Sport (“CAS”) has once again in a recent case demoted the burden of proof for an athlete seeking to show they did not commit an Anti-Doping Rule Violation (“ADRV”). The…
Among its over 50 decisions on appeals against arbitral awards rendered in 2020, the Swiss Federal Supreme Court ("Supreme Court") in two decisions yet again addressed a delicate issue on the…
In accordance with S20.C of the Code of Sports-Related Arbitration (the Code), the Appeals Arbitration Division (AAD) of the Court of Arbitration for Sports (CAS) has jurisdiction “to resolve…
Regardless of whether you are a sports enthusiast, the Swiss Federal Tribunal’s recent revision of the CAS award in WADA v. Sun Yang is unlikely to have escaped your attention. In its judgment of 22…
It is no secret that each sport has its rules of the game with appropriate sanctions for violating them. However, it may be new for someone that sports also have its own dispute resolution system…
The applicability of the European Convention on Human Rights (“ECHR”) to arbitral proceedings is a complex issue. The recent decision of the European Court for Human Rights (“ECtHR”) in the so-called…
The authors write this contribution strictly in their own name.
Most arbitration laws require parties to identify in their arbitration agreement the “defined legal relationship” for which they wish…
