Repeated Appointments of Arbitrators in CAS Arbitration: Is the Sky the Limit?
On 30 March 2022, the Swiss Federal Supreme Court (the “Supreme Court”) published a new decision in the field of international arbitration (the “Decision”),1 dismissing an action for annulment of a CAS award of 31 August 20212 against the former president of the Brazilian Football Confederation (“CBF”), Marco Polo Del Nero (“Del Nero”).
The Decision deals with a case in the context of FIFA Gate. Its focus lies on the independence and impartiality of arbitrators that are frequently nominated by the same party; in addition, the Decision briefly deals with an alleged violation of the right to be heard.
