Obreja v. International Amateur Boxing Association (AIBA) [Obreja] No. 4A_524/2009 - 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. 14

Obreja v. International Amateur Boxing Association (AIBA)

[Obreja]

No. 4A_524/2009

Headnote

■ In setting aside proceedings against an arbitral award the Federal

Supreme Court will decide on the basis of the facts found by the

arbitrator. The Court is not entitled to review the arbitrator’s

findings of fact further to a complaint made by the petitioner or to

correct or supplement them of its own motion (confirmation of

previous decisions).

■ 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 a 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).

Summary of the Decision

Ms. Rudel Obreja is the president of the Romanian Boxing Federation.

He is also the vice-president of the International Amateur Boxing

Association (AIBA) and he is a member of the Executive Committee of

this association. During the Beijing Olympic Games, Mr. Obreja was

acting as an AIBA technical delegate. On 22 August 2008, Mr. Obreja

held a press conference where he declared that AIBA’s executive

director had illegally corrected the results of the drawing of lots for the

selection of judges and referees and had won his election at the head of

the association by buying votes. Further to these events, AIBA’s

president immediately suspended Mr. Obreja from any duty within the

association and filed a complaint against him before the association’s

Disciplinary Commission for violation of the Disciplinary Code and of

the Code of conduct for technical delegates. He also accused Mr. Obreja

of attempting to corrupt officials so that the athletes of Romania and two

other countries would receive medals. Mr. Obreja appealed this decision

on the ground that AIBA’s president did not have jurisdiction to make

such a decision. AIBA’s Disciplinary Commission fined Mr. Obreja

CHF 2,000.00 and suspended him from all activities relating to boxing.