For the first time, the Supreme Court sets aside an arbitral award on grounds of substantive public policy
On 27 March 2012, the Swiss Supreme Court set aside a CAS award in the matter Silva Matuzalem v FIFA, holding that the ban on any football-related activity imposed on Matuzalem was contrary to Swiss Public Policy. This decision is of major importance since it constitutes the second decision in which the Swiss Supreme Court annuls a CAS award on grounds of public policy.
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Latest Developments Concerning European Bilateral Investment Treaties
Two major events have taken place recently regarding the situation of Bilateral Investment Treaties concluded between European Member States (“Intra-EU BITs”) and Bilateral Investment Treaties concluded between an European Member State and a State not Member of the EU (“Extra-EU BITs”). The fate of these agreements was surrounded up until now by a veil of uncertainty.
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