Inappropriate Tweets & The 'Duty Of Curiosity': Why The Swiss Federal Tribunal Ordered The Sun Yang Case Be Reheard
Chinese elite swimmer Sun Yang (the Athlete) has managed to occupy the headlines of international sports arbitration in recent years. After public hearing at the Court of Arbitration For Sport (CAS), which included several motions filed with the Swiss Federal Tribunal (SFT) during the CAS proceedings itself, the SFT’s most recent judgment constitutes the first in the CAS history where the SFT annulled a CAS award for bias of its Panel Chair, Mr. Franco Fratini. The CAS Award had imposed an eight-year ban on the Chinese swimmer Sun Yang due to an anti-doping rule violation. Now the case will be reheard.
This article examines the SFT’s decision and its implications, looking at:
- The Athlete’s requests to the SFT;
- Whether the Athlete should have raised concerns earlier (the “duty of curiosity”);
- How the impartiality of an arbitrator is assessed;
Continue reading this article...
Already a member? Sign in
Get access to all of the expert analysis and commentary at LawInSport including articles, webinars, conference videos and podcast transcripts. Find out more here.
- Tags: Anti-Doping | Arbitration | Athletics | China | Court of Arbitration for Sport | Dispute Resolution | Duty of Care | Racial Bias | Social Media | Sun Yang | Swimming | Swiss Federal Tribunal | Swiss Private International Law Act | Switzerland
- WADA v Sun Yang & FINA - The benefits (or otherwise) of a public hearing
- A detailed analysis of the legal arguments in WADA v Sun Yang & FINA - a very public hearing
- Are you being heard? How the Sun Yang public hearing exposes a gap in athletes’ rights
- A detailed review of the CAS Panel’s decision in WADA v Sun Yang & FINA
- WADA v. Sun Yang & FINA: Reflections of a Chinese lawyer & lessons for sports in China
About the Author
Dr. Despina Mavromati, LL.M., is an attorney (Bar of Thessaloniki / Ordre des Avocats Vaudois) practicing in the field of international sports law and arbitration. She is the founder of a Lausanne-based practice (SportLegis Lausanne) and represents athletes, clubs, and sports federations in all aspects of arbitration, trials, and drafting policies.