Incomplete, Unclear & Contradictory...How CAS & the Swiss Federal Tribunal Approach Pathological Arbitration Clauses
According to the jurisprudence of Swiss Federal Tribunal (SFT), pathological arbitration clauses arise from incomplete, unclear, or contradictory provisions in arbitration clauses. Existing Court of Arbitration for Sport (CAS) jurisprudence contains useful indications as to what should be understood as pathological clauses.
In this article the authors seek to establish:
- what are the limits of interpretation of pathological arbitration clauses; and,
- how to draft valid arbitration clauses in favour of CAS.
The article covers:
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Maciej Bałaziński is a Polish attorney-at-law with a long sports law practise, owner of Kancelaria Prawna Maciej Bałaziński I Współpracownicy, Kraków focused on sports law and litigations. He has also useful experience in sports law after four years of experience as managing director and vice-president of Lechia Gdańsk S.A. and supervisory board of Polish Ekstraklasa (top football league). He is also experienced arbitrator after 4 years in disciplinary and 5 years in NDRC of Polish FA, author of several publications and lecturer at International Football Business Institute, Brussels.
Karolina is an attorney trainee working in Kancelaria Prawna Maciej Bałaziński i Współpracownicy and has done her LL. M. at the University of Gdańsk, LL. M. in Sustainable Development at the University of Milan.