Swiss Supreme Court denies excessive formalism and rules on applicability of legal aid regime in setting aside proceedings | Practical Law

Swiss Supreme Court denies excessive formalism and rules on applicability of legal aid regime in setting aside proceedings | Practical Law

In decision 4A_690/2016, the Swiss Supreme Court considered whether a Court of Arbitration for Sport (CAS) tribunal was overly formalistic in rejecting the admissibility of an appeal to the CAS because the appeal was, within the deadline, only submitted by facsimile and not in its original. It further considered the possibility of being granted legal aid in setting aside proceedings.

Swiss Supreme Court denies excessive formalism and rules on applicability of legal aid regime in setting aside proceedings

by Prof. Dr. Nathalie Voser (Partner) and Nadja Al Kanawati (Associate), Schellenberg Wittmer Ltd (Zurich)
Published on 21 Mar 2017 • International, Switzerland
In decision 4A_690/2016, the Swiss Supreme Court considered whether a Court of Arbitration for Sport (CAS) tribunal was overly formalistic in rejecting the admissibility of an appeal to the CAS because the appeal was, within the deadline, only submitted by facsimile and not in its original. It further considered the possibility of being granted legal aid in setting aside proceedings.