Hansen v. Fédération Equestre Internationale (FEI) [Hansen] No. 4A_43/2010 - Swiss International Arbitration Law Reports (SIALR) - 2010 Vol. 4 Nos. 1 & 2

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November, 2013

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Originally from:

Swiss International Arbitration Law Reports 2010 Vol. 4 Nos. 1 and 2

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No. 34

Hansen v. Fédération Equestre Internationale (FEI)

[Hansen]

No. 4A_43/2010

Headnote

■ A decision made by the adjudicatory body of a sports federation,

which may be appealed to the CAS, cannot be challenged in setting

aside proceedings. Only the award ultimately made by a CAS panel

may be challenged in setting aside proceedings (confirmation of

previous decisions).

■ An international arbitral award may be challenged only on the

grounds set out in article 190(2) FPILA in an exhaustive manner.

The guarantees derived from the Federal Constitution or the ECHR

may be taken into account only where the grounds for setting aside

available under article 190(2) FPILA are a concrete rendering of

such guarantees (confirmation of previous decisions).

■ There is no general right for the parties to have written hearing

minutes based on their right to present their case or on procedural

public policy.

■ The fact that witness testimony is not contained in the minutes of

the hearing, but is simply tape recorded, does not breach the parties’

right to present their case.

■ There is no general right for the parties to have an award setting

out reasons. However, the parties’ right to present their case

includes minimum requirements as to the arbitrator’s duty to

examine and deal with the issues material to the decision

(confirmation of previous decisions).

Summary of the Decision

Mr. Tony André Hansen, an experienced international equestrian

jumper, took part in the 2008 Olympic Summer Games in China riding

the horse Camiro as a member of the national Norwegian team. He

won the bronze medal with the Norwegian jumping team. After the

team jumping final, capsaicin, a prohibited substance, was found in

Camiro’s urine. The Fédération Equestre Internationale (FEI)

Tribunal disqualified Camiro and Mr. Hansen from the Olympic

Games in Beijing, deprived them of all medals and prize money,

ordered that the results of the Norwegian jumping team be recalculated