Arbitration Newsletter Switzerland: Another decision regarding FIFA-Gate: Is the sky the limit when it comes to repeated appointments of arbitrators in CAS proceedings?

In its decision of 4 March 2022 (4A_520/2021), the Federal Supreme Court dismissed the appeal of the former President of the Brazilian Football Federation, Marco Polo Del Nero, against a CAS award confirming a 20-year ban on all football-related activities against him.

The decision deals in detail with the independence and impartiality of arbitrators in sports arbitration, in particular with the question of whether repeated nominations of an arbitrator by FIFA are a legitimate ground for a challenge. The Supreme Court rejects the challenge because the initial objection against the arbitrator was raised too late. Nevertheless, it goes on to decide that due to the peculiarities of sports arbitration, even a significant number of multiple appointments by FIFA is not sufficient to call the arbitrator’s independence and impartiality into question.

Read the full newsletter: 2022-04-20-Thouvenin-Arbitration-Newsletter-4A_520_2021-2.pdf (pdf 361 KB)

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