- Tweeting CAS arbitrator removed from arbitral tribunal (Sun Yang v WADA & FINA)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Arbitration analysis: In a landmark decision issued on 22 December 2020 and published on 15 January 2021, the Swiss Federal Supreme Court (SFSC) upheld an application requesting the revision of a Court of Arbitration for Sport (CAS) award based on the discovery of circumstances that justified the removal of an arbitrator in a case concerning the famous Chinese swimmer Sun Yang. The court found that tweets of the chairman of the arbitration panel, former Italian government minister Franco Frattini, reflected possible bias against Chinese people. As a result of the ruling, a CAS decision banning Sun Yang from competition for eight years based on anti-doping regulation was annulled and Franco Frattini was removed from the arbitration panel. Written by Pierre Ducret, partner at CMS von Erlach Poncet.
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