Valverde v. 1. Comitato Olimpico Nazionale Italiano (CONI), 2. World Anti-Doping Agency (WADA) and 3. International Cycling Union (UCI) [Valverde II] BGE/ATF 136 III 605, No. 4A_234/2010 - 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. 40

Valverde v. 1. Comitato Olimpico Nazionale Italiano (CONI),

2. World Anti-Doping Agency (WADA) and

3. International Cycling Union (UCI)

[Valverde II]

BGE/ATF 136 III 605, No. 4A_234/2010

Headnote

■ Independence and impartiality are legal requirements which

apply to all members of an arbitral tribunal equally, whether partynominated

arbitrators or presiding arbitrators (confirmation of

previous decisions).

■ However, the proper constitution of a CAS panel must be

reviewed by taking into account the particular features of sports

arbitration as well as the method for the appointment of arbitrators

under the CAS Rules, including the existence of a closed list

(confirmation of previous decisions).

■ The party which holds back a procedural objection and then

raises it after the award has been notified acts in disregard of the

rules of good faith and is precluded from relying on such objection in

setting aside proceedings (confirmation of previous decisions).

Summary of the Decision

The Italian National Olympic Committee (CONI) banned the

professional cyclist Mr. Alejandro Valverde Belmonte from competing

in Italy for two years for a violation of Italian anti-doping rules. Mr.

Valverde appealed against this decision before the Court of Arbitration

for Sport (CAS). The CONI nominated Prof. Ulrich Haas as its

arbitrator, who was confirmed by the CAS. Following a request for

joinder filed by CONI, the CAS panel accepted the World Anti-Doping

Agency (WADA) and the International Cycling Union (UCI) as

additional parties to the proceedings. Mr. Valverde challenged the

independence of Prof. Haas on the ground that he had completed

certain assignments for WADA as a legal expert in doping matters.

The challenge was rejected by the International Council of Arbitration

for Sport (ICAS), and Mr. Valverde’s subsequent challenge before the

Federal Supreme Court against this decision was dismissed on

admissibility grounds. In its award, the CAS panel upheld the two-year

ban that CONI had imposed upon Mr. Valverde.