Swiss Federal Court 4A_645_2014 Sponsor A vs Company B

The case involved a request for revision of an arbitral award issued on 25 July 2011. The dispute was about a sponsorship contract between the Italian company TMC Italia and the Spanish company managing the cycling team Geox-TMC. The arbitral tribunal ordered the Italian company to keep paying the amounts in the contract. But it then turned out that the athlete Denis Menchov of the Geox-TMC cycling team was banned for two years for doping.

The Italian company TMC Italia sought revision of the arbitral award and the Swiss Federal Court rejected the petition on 21 August 2012.

A second attempt was filed on 10 November 2014, again unsuccessfully and the Swiss Federal Court confirmed on 20 February 2015 that, in order to obtain revision, the petitioner must show not only that he was unaware of some essential facts that took place prior to the award but also that they would have been pertinent had the arbitrators become aware of them.

Original document

Parameters

Legal Source
Civil Court Decisions
Federal Court Decisions
Date
20 February 2015
Arbitrator
Kiss, Christina
Klett, Kathrin
Kolly, Gilbert
Original Source
Swiss Federal Court
Country
Italy
Spain
Language
English
Legal Terms
Breach of contract
Legislation
Rules & regulations International Sports Federations
Sport/IFs
Cycling (UCI) - International Cycling Union
Various
Athlete Biological Passport (ABP)
Disqualified competition results
Sports officials
Document type
Pdf file
Date generated
19 February 2016
Date of last modification
19 October 2017
Category
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  • ADRV
  • Legal Terms
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  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
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