27. January 2021

Arbitration Newsletter Switzerland: CAS Award against Swimmer Sun Yang annulled due to Appearance of Bias of Chairman

In a decision rendered by the Swiss Federal Supreme Court on 22 December 2020 (4A_318/2020) the Court held that certain tweets published by a Chairman of a CAS tribunal during the ongoing proceedings raised objectively justified doubts as to his impartiality and, consequently, annulled the CAS award. The decision contains interesting statements as to the parties’s duty of enquiry and is hence a must read for any arbitration practionier.