Friday, 01 July 2022
By Dr Despina Mavromati
In this the latest soccer-relevant course of action the Appellant—represented by legal counsel—had sent its statement of enchantment to the CAS by e-mail but failed to deliver it by courier within the granted time restrict, invoking power majeure thanks to the COVID-19 pandemic. The enchantment was declared inadmissible by the CAS Division President. In the subsequent movement to set aside the CAS award, the SFT turned down the force majeure argument, thinking of that the Appellant was capable to reply to a CAS submission by post just one working day immediately after its receipt, and that there was also the probability to file the submissions by electronic filing. The SFT dismissed the attractiveness recalling the pretty minimal scope of review in scenario of non-compliance with the variety requirements and relevant time boundaries. See also the judgment 4A_416/2020.
An English translation of the judgment can be viewed below.
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Dr Despina Mavromati
Dr. Despina Mavromati is an attorney at the Swiss legislation firm BianchiSchwald and has in depth knowledge in intercontinental sports law and arbitration. She signifies athletes, golf equipment and federations and advises on regulatory and sporting activities governance matters, like the recognition and enforcement of awards and freezing of belongings in Switzerland. Despina has acted as counsel, co-counsel, expert or arbitrator in various sports activities arbitrations, involving contractual, governance, doping-linked and other disciplinary and ethics matters. Recognized as a Assumed Leader by Who’s Who Lawful in Switzerland each individual year due to the fact 2018, “Despina Mavromati is a “brilliant and accomplished” lawyer, renowned for acquiring “built a fantastic identify and profile in the market””.