Swiss Supreme Court upholds the request for revision of an arbitral award based on the subsequent discovery of circumstances that justified the removal of an arbitrator

February 15, 2021 Elizabeth Wahl

In a recent decision published on 15 January 2021, the Swiss Federal Supreme Court (“SFSC”) upheld a request for revision of an arbitral award of the Lausanne-based Court of Arbitration for Sport (“CAS”) regarding the Chinese swimmer Sun Yang on grounds of bias and lack of impartiality of the chairman of the CAS panel (case no. 4A_318/2021 (in French)).

Factual background

With its decision of February 28, 2020, the CAS imposed an eight-year ban on the Chinese swimmer Sun Yang for violation of doping rules. On June 15, 2020, Sun Yang filed an appeal against the CAS award with the SFSC. In the appeal, he raised doubts against the impartiality of the chairman of the CAS panel, Franco Frattini. In support thereof, Sun Yang submitted evidence according to which in 2018 and 2019, Franco Frattini had repeatedly published comments about the treatment of animals in China on his Twitter account, containing extreme anti-Chinese language.

Sports Law : Court of Arbitration for Sport (CAS)

February 1, 2021 Elizabeth Wahl

The Court of Arbitration for Sport (CAS) was founded in 1984 and is an independent organisation that facilitates the resolution of disputes involving sporting organisations and their individual members through mediation and binding arbitration.

CAS has its main seat in Lausanne, Switzerland but also has operational offices in Sydney, Australia and New York, United States.

Swiss supreme court explains removal of arbitrator in Sun Yang case

January 20, 2021 Elizabeth Wahl

The Swiss supreme court has explained the reason it referred back Sun Yang's case, saying tweets by the president of the panel of arbitrators at the Court of Arbitration for Sport (CAS) - the Italian Franco Frattini - had exhibited possible bias against Chinese people.