Mutu v. Chelsea Football Club Limited [Mutu] No. 4A_458/2009 - Swiss International Arbitration Law Reports (SIALR) - 2010 Vol. 4 Nos. 1 & 2
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Swiss International Arbitration Law Reports 2010 Vol. 4 Nos. 1 and 2
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No. 24
Mutu v. Chelsea Football Club Limited
[Mutu]
No. 4A_458/2009
Headnote
■ The fact that the arbitrator nominated by a party has acted as
chairman in a previous CAS arbitration between the same parties is
not per se sufficient to cast justifiable doubt on the arbitrator’s
impartiality.
■ Where a CAS panel has awarded a player to pay a large amount
of damages to his former club, such amount cannot be reviewed by
the Federal Supreme Court in setting aside proceedings and is not, in
any event, contrary to public policy on account of its magnitude.
■ The Federal Supreme Court has the power to review a finding of
fact underlying the award sought to be set aside provided that one of
the complaints enumerated in article 190(2) FPILA is raised against
such finding or if new facts or new evidence arise exceptionally on
the face of the award (confirmation of previous decisions).
Summary of the Decision
Mr. Adrian Mutu is a Romanian football player who signed a fiveyear
contract with Chelsea Football Club (“Chelsea”). Later, he tested
positive for cocaine and Chelsea terminated the contract. Mr. Mutu
claimed that the termination was not valid, first before the English
Football League Appeals Committee (FLAC) and then before a Court
of Arbitration for Sport (CAS) panel, chaired by Dr. Dirk-Reiner
Martens. This first CAS panel upheld the PLAC decision.
Consequently, Chelsea brought a claim for damages against Mr. Mutu
before the FIFA Dispute Resolution Chamber (DRC). The DRC
ordered Mr. Mutu to pay Chelsea compensation. Mr. Mutu lodged an
appeal with the CAS against this decision and another CAS panel was
constituted. Chelsea nominated Dr. Martens as its arbitrator. Mr.
Mutu’s challenge of Dr. Martens was dismissed by the International
Council of Arbitration for Sport (ICAS). Prof. Luigi Fumagalli was
then appointed as Chairman. Ultimately, the CAS panel upheld the
DRC’s decision.
Mr. Mutu filed an application to have the award set aside by the
Federal Supreme Court.