Originally from: 
Swiss International Arbitration Law Reports (SIALR) - 2008 Volume 2 No. 1

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No. 13

Club X. v. Y. S/A
No. 4A_528/2007
Headnote
An arbitral award may be revoked on the ground that new facts
or evidence were discovered after the award was made where the
party seeking revocation1 was not aware or could not have been
aware of the newly-discovered facts or evidence during the
arbitration.
Summary of the Decision
The petitioner filed an application on 18 December 2007 to have an
award made by a CAS panel on 7 August 2007 revoked. The Federal
Supreme Court held that the application was inadmissible.
The petitioner relied on newly-discovered evidence in relation to the
fact that the arbitrator appointed by the other side as well as counsel for
the other side were members of the same association and that that gave
rise to the appearance of a lack of impartiality and independence.
The Federal Supreme Court held that it is a matter for each party to
exercise a reasonable degree of diligence and care to determine who the
arbitrator appointed by the other side is, to ask appropriate questions and
verify any answers and carry out additional enquiries if need be. The
petitioner relied on facts which it would have discovered in the course of
the arbitration, had it exercised the required degree of care and attention.
It is a breach of the rules of good faith for a party not to raise a
procedural objection as soon as possible until after the outcome of the
proceedings turns out to be unfavourable.
Accordingly, the request to set aside was dismissed.