Kop v. 1. International Association of Athletics Federations (IAAF) and 2. Turkish Athletics Federation (TAF) [Kop] No. 4A_624/2009 - Swiss International Arbitration Law Reports (SIALR) - 2010 Vol. 4 Nos. 1 & 2

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November, 2013

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Court Decisions

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Originally from: 

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

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No. 18

Kop v. 1. International Association of Athletics Federations

(IAAF) and 2. Turkish Athletics Federation (TAF)

[Kop]

No. 4A_624/2009

Headnote

■ The rules of good faith are part of public policy.

■ Where an arbitrator imposes a sanction on an athlete which is

more severe than that issued by a first instance authority, such

decision will not be in breach of public policy, provided that the

sanction falls within the parties’ prayers for relief.

■ An arbitrator breaches his duty to examine and deal with the

issues relevant to his decision where he fails to consider allegations

or arguments made or evidence adduced by a party which are

important in order for the decision to be made. It is a matter for the

petitioner to prove, firstly, that the arbitrator failed to examine

certain points of fact, evidence or law which had been properly

relied upon, and, secondly, that those points were such as to bear on

the outcome of the dispute (obiter; confirmation of previous

decisions).

■ It is not for the Federal Supreme Court to review the manner in

which an arbitrator has interpreted and construed the law

applicable to the merits (confirmation of previous decisions).

■ Where an arbitrator finds that the parallel proceedings brought

by an athlete before the administrative courts of his own country

amount to unconscionable conduct and proceeds to make his award

without waiting for the outcome of those proceedings, the

arbitrator’s decision does not amount to a breach of the athlete’s

right to put his case before the arbitrator.

Summary of the Decision

Ms. Süreyya Ayhan Kop, a Turkish national and international-level

athlete specialised in middle-distance running, was involved in

disciplinary proceedings for the violation of various anti-doping rules

found during out-of-competition controls.

By a decision dated 15 June 2005 the Central Disciplinary

Commission of the Turkish General Directorate of Youth and Sport

(“CDC”), a national arbitration board in Turkey specialised in sports-