1. April 2022

Arbitration Newsletter Switzerland: Supreme Court confirms CAS Award against former CBF President banning him for life from any kind of football-related activity

In the decision of the Swiss Federal Supreme Court of 28 February 2022 (4A_452/2021), the court dismissed the action for annulment of the former president of the Brazilian Football Confederation, Ricardo Teixeira, against an arbitral award of the CAS, which confirmed a lifetime ban for all football-related activities imposed on him.

The decision is a reminder that the Supreme Court understands the concept of public policy to have a very narrow scope and, unsurprisingly, the chances of success to annul an award for an alleged violation of public policy are very limited.

In addition, the Supreme Court made it once again clear that a review of the arbitral tribunal’s considerations on the merits cannot be obtained under the pretext of a violation of the right to be heard.

 

Read the full newsletter: 2022-04-01-Thouvenin-Arbitration-Newsletter-4A_520_2021.pdf (pdf 375 KB)