Panagiotis Kyriakou comments on decision 4A_246/2022 of the Swiss Federal Tribunal

In its decision, the Swiss Federal Tribunal upheld the conformity of sports succession with Swiss public policy.

In the latest edition of “Sport & the Law”, Panagiotis Kyriakou comments on the Swiss Federal Tribunal’s decision 4A_246/2022, which recently upheld the conformity of sports succession with Swiss public policy.

Given the applicability of Swiss law to matters of succession under the CAS Code and the FIFA Regulations, this decision constitutes an important “seal of approval” for sports succession overall. In its decision, the Swiss Federal Tribunal distinguishes the notion of arbitrariness from public policy and ascribes particular importance to the principle according to which legal entities enjoy large autonomy in the application and establishment of their own regulations, pursuant to Article 63 of the Swiss Civil Code.

The article is available here as part of volume 2 of the “Sport & the Law” journal (in Greek).

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