On 25 November 2009 the Court of Arbitration for Sport (CAS) upheld the sanction of a 2 year period of ineligibility on the German speed skater Claudia Pechstein, imposed by the International Skating Union on 1 July 2009.
Thereupon the Athlete appealed the CAS decision of 25 November with the Swiss Federal Court. However the Court decided on 10 February 2010 to reject the Athlete's appeal (4A_612/2009). Hereafter the Athlete requested for revision of the same case with the Swiss Federal Court.
The request for revision was essentially based on newly discovered scientific methods which were not available at the time of the arbitration proceedings, according to the Athlete.
1.) The Federal Tribunal confirmed its position as to the revision of an international arbitral award. Revision is possible when significant facts or decisive evidence is discovered, which postdates the award and could not have been introduced in the previous proceedings. Facts are significant when they would probably have led to another decision and the new evidence must serve to prove them or to prove some facts which remained unproved in the proceedings to the Athlete’s detriment.
2.) The Court confirms that it takes a very narrow view as to what may constitute newly discovered facts or evidence and the burden on the petitioner is quite high. It will be very difficult indeed to convince the Federal Tribunal that the petitioner is not simply seeking a reassessment of the evidence.
Therefore the Swiss Federal Court decides on 28 September 2010:
1.) The request for revision is rejected to the extent that the matter is capable of revision.
2.) The judicial costs set at CHF 5’000.- shall be borne by the Petitioner.
3.) The Athlete shall pay to the Respondent CHF 6’000.- for the federal judicial proceedings.
4.) This judgment shall be notified in writing to the parties and to the Court of Arbitration for Sport (CAS).
