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Case Law A Introduction to the Case Law Section

Case Law A Introduction to the Case Law Section CASE LAW A Introduction to the Case Law Section 1. In its landmark decision Matuzalem the Swiss Federal Tribunal had for the first time set aside an award for violation of substantive public policy. The threatened unlimited ban against Matuzalem if he refused to pay a fine was considered disproportionate and a violation of his personal rights (art. 27 of the Swiss Civil Code). Since then many other athletes sanctioned or banned have tried to rely on this precedent in vain. In 4A_318/2018 , it was Paolo Guerrero’s turn. The captain of the Peruvian national football team had been banned for 6 months by FIFA when traces of a cocaine metabolite were found in his body. A CAS tribunal increased the sanction to 14 months finding that this was the minimum sanction required under the anti-doping code, even if the traces of cocaine metabolite were probably due to tea rather than drug consumption, and the football player’s fault minimal. The Swiss Federal Tribunal upheld the award. The Federal Tribunal also noted that a wrong application of the law is not a ground to set aside an award. The Tribunal has no discretion to review awards, even if the substantive http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png ASA Bulletin Kluwer Law International

Case Law A Introduction to the Case Law Section

ASA Bulletin , Volume 39 (2): 7 – Jun 1, 2021

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Publisher
Kluwer Law International
Copyright
Copyright © 2021 Kluwer Law International BV, The Netherlands
ISSN
1010-9153
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Abstract

CASE LAW A Introduction to the Case Law Section 1. In its landmark decision Matuzalem the Swiss Federal Tribunal had for the first time set aside an award for violation of substantive public policy. The threatened unlimited ban against Matuzalem if he refused to pay a fine was considered disproportionate and a violation of his personal rights (art. 27 of the Swiss Civil Code). Since then many other athletes sanctioned or banned have tried to rely on this precedent in vain. In 4A_318/2018 , it was Paolo Guerrero’s turn. The captain of the Peruvian national football team had been banned for 6 months by FIFA when traces of a cocaine metabolite were found in his body. A CAS tribunal increased the sanction to 14 months finding that this was the minimum sanction required under the anti-doping code, even if the traces of cocaine metabolite were probably due to tea rather than drug consumption, and the football player’s fault minimal. The Swiss Federal Tribunal upheld the award. The Federal Tribunal also noted that a wrong application of the law is not a ground to set aside an award. The Tribunal has no discretion to review awards, even if the substantive

Journal

ASA BulletinKluwer Law International

Published: Jun 1, 2021

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