Selected Case-Law of the Swiss Federal Tribunal in Football Matters (December 2020)

[1]This article provides an overview of selected recent case-law rendered by the Swiss Federal Tribunal (SFT) in relation to civil law appeals against arbitral awards of the Court of Arbitration for Sport (CAS). These decisions of the SFT concern cases of match-fixing, contracts involving agents/intermediaries and procedural rules in contractual disputes.[2] They cover topics such as possible public hearings before CAS, public policy, the right to be heard as well as res judicata.

Sports law practitioners all around the globe are, as always, well-advised to follow carefully recent developments concerning SFT case-law in order to understand the full extent of the parties’ rights and the legal remedies available in the context of arbitration proceedings.

Decision 4A_486/2019

Overview and Facts

The matter at the centre of this decision was a match-fixing scandal with implications and consequences across Europe, including the outcome of a national football championship.

The parties involved in the dispute were two football clubs, their respective National Federation and the Fédération Internationale de Football Association (FIFA).

While various criminal and disciplinary investigations and...

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