The Swiss Chapter is pleased to provide summaries and commentaries of selected recent decisions of the Swiss Federal Tribunal that have been issued between September 2024 and August 2025.
First, in Semenya v Switzerland, the Grand Chamber of the European Court of Human Rights (ECtHR) held that Switzerland violated article 6(1) of the European Convention on Human Rights (ECHR) by failing to provide former Olympic champion Caster Semenya with a fair hearing. The ECtHR considered that the Swiss Supreme Court had failed to conduct a “particularly rigorous examination” or “in-depth judicial review” of a Court of Arbitration for Sport (CAS) award, which upheld Ms Semenya’s exclusion from international women’s athletics competitions.
Second, in Decision 4A_136/2024 (05.09.2024), the Federal Tribunal dismissed a challenge against a Court of Arbitration for Sport (CAS) award, brought by an underage Russian athlete who had argued that the CAS lacked jurisdiction, as she had not consented in writing to the arbitration clause, and the award violated public policy.
Third, in Decision 4A_313/2024 (30.10.2024), the Federal Tribunal dismissed a challenge against an ICC partial award where the arbitral tribunal had confirmed its jurisdiction even when the owner had failed to first submit the dispute to a dispute review board, as required under the contract.
Fourth, in Decision 4A_163/2023 (16.01.2025), the Federal Tribunal examined whether there is any legal recourse against the appointment of arbitrators by a state court (the “juge d’appui”) and exceptionally admitted it where the juge d’appui assumes jurisdiction based on forum necessitatis (jurisdiction by necessity).
Fifth, in Decision 4A_466/2023 (06.02.2025), the Federal Tribunal upheld a jurisdictional award rendered under the BIT between Spain and Venezuela where the arbitral tribunal found that it lacked jurisdiction over a Spanish-Venezuelan dual national, whose dominant nationality was Venezuelan.
Sixth, in Decision 4A_528/2024 (26.06.2025), the Federal Tribunal had to examine whether an investment treaty award against China could withstand scrutiny – under the revision mechanism – in light of new evidence stemming from a judgement from a Chinese criminal court.
Seventh, in Decision 4A_92/2025 (04.07.2025), the Federal Tribunal annulled a CAS award in a football employment dispute – a rare occurrence – on the basis that the dispute resolution clause granted exclusive jurisdiction to the Hungarian labour courts for employment disputes.