Arbitration Case Alert

Legal status of CAS anti-doping division decisions must be assessed case-by-case


Case Number: 4A_232/2022 (22 December 2022)

Legal status of CAS anti-doping division decisions must be assessed case-by-case

In Decision 4A_232_2022, the Swiss Supreme Court (SSC) refused to set aside a preliminary award on jurisdiction rendered by the Court of Arbitration for Sport (CAS) Appeals Arbitration Division (CAS AArbD). The SSC confirmed that decisions by non-arbitral disciplinary bodies of first instance cannot be reviewed by the SSC and, in this case, the SSC found that the underlying decision of the CAS Anti-Doping Division (CAS Anti-DD) did not qualify as an arbitral award. However, the SSC declined to make a ruling as to the status of the CAS Anti-DD decisions in general.


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