Court of Arbitration for Sport, Duty of Curiosity, Duty to Disclose, Federal Supreme Court of Switzerland
Has the SFT “Toughened” the Duty of Curiosity while “Softening” the Duty of Disclosure?
In Decision 4A_520/2021 of 4 March 2022, the Swiss Federal Tribunal (“SFT”) was requested to determine whether the chairperson of a panel in proceedings before the Court of Arbitration for Sport (“CAS”) lacked independence or impartiality given his repeat appointments by FIFA. The SFT declared the challenge inadmissible under R34(1) CAS Code, yet still proceeded…