Access the full text.
Sign up today, get DeepDyve free for 14 days.
References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.
CASE LAW A Introduction to the Case Law Section 1. In its landmark decision Matuzalem the Swiss Federal Tribunal had for the first time set aside an award for violation of substantive public policy. The threatened unlimited ban against Matuzalem if he refused to pay a fine was considered disproportionate and a violation of his personal rights (art. 27 of the Swiss Civil Code). Since then many other athletes sanctioned or banned have tried to rely on this precedent in vain. In 4A_318/2018 , it was Paolo Guerrero’s turn. The captain of the Peruvian national football team had been banned for 6 months by FIFA when traces of a cocaine metabolite were found in his body. A CAS tribunal increased the sanction to 14 months finding that this was the minimum sanction required under the anti-doping code, even if the traces of cocaine metabolite were probably due to tea rather than drug consumption, and the football player’s fault minimal. The Swiss Federal Tribunal upheld the award. The Federal Tribunal also noted that a wrong application of the law is not a ground to set aside an award. The Tribunal has no discretion to review awards, even if the substantive
ASA Bulletin – Kluwer Law International
Published: Jun 1, 2021
Read and print from thousands of top scholarly journals.
Already have an account? Log in
Bookmark this article. You can see your Bookmarks on your DeepDyve Library.
To save an article, log in first, or sign up for a DeepDyve account if you don’t already have one.
Copy and paste the desired citation format or use the link below to download a file formatted for EndNote
Access the full text.
Sign up today, get DeepDyve free for 14 days.
All DeepDyve websites use cookies to improve your online experience. They were placed on your computer when you launched this website. You can change your cookie settings through your browser.