Friday, 01 July 2022
By Dr Despina Mavromati
In this modern soccer-linked method the Appellant—represented by authorized counsel—had sent its assertion of charm to the CAS by e-mail but unsuccessful to send it by courier within the granted time restrict, invoking pressure majeure due to the COVID-19 pandemic. The enchantment was declared inadmissible by the CAS Division President. In the subsequent motion to established apart the CAS award, the SFT turned down the pressure majeure argument, considering that the Appellant was capable to reply to a CAS submission by post one day right after its receipt, and that there was also the likelihood to file the submissions by electronic submitting. The SFT dismissed the attractiveness recalling the extremely confined scope of critique in situation of non-compliance with the kind needs and applicable time restrictions. See also the judgment 4A_416/2020.
An English translation of the judgment can be viewed below.
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Dr Despina Mavromati
Despina Mavromati is a Swiss and Greek legal professional with considerable knowledge in international sports regulation and arbitration. She represents athletes, clubs and federations and advises on all regulatory and sports activities governance issues, such as the recognition and enforcement of awards and freezing of property in Switzerland. Despina has acted as counsel, co-counsel, professional or arbitrator in much more than 80 sports arbitrations, involving contractual, governance, doping-associated and other disciplinary and ethics matters.