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

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No. 15

X. v. A.
[The Belated Appeal by a Turkish Football Club]
No. 4A_126/2008
Headnote
A letter by the CAS confirming that no proceedings were opened
to hear an appeal on the ground that the appellant had failed to file
an appellate brief within the time limit extended by the CAS is not a
decision capable of being challenged in setting aside proceedings
before the Federal Supreme Court.
Summary of the Decision
X., a Turkish football club, concluded a contract with football player
A. The FIFA Dispute Resolution Chamber ordered X. to pay A. an
amount of USD 394,242.00. X. then brought an appeal against this
decision before the CAS. However, this appeal did not meet the formal
requirements under the Code of Sports-Related Arbitration (“the Code”).
The CAS therefore set a time limit in order for X. to amend and
supplement its submissions. X. did not file any amendments and the time
limit expired. On 23 November 2007 the CAS confirmed to the parties
that X.’s appeal was considered withdrawn and no proceedings would be
opened. On 25 January 2008 a new counsel on behalf of the petitioner
requested a new time limit to amend the appeal. In its letter of 4
February 2008 the CAS replied that the proceedings before the CAS
were not opened because the appeal had not been in conformity with the
requirements of the Code and that X. had failed to amend its submissions
within the time limit. X. brought setting aside proceedings before the
Federal Supreme Court against the decision of the CAS of 4 February
2008.
The Federal Supreme Court stated that only the letter of 23 November
2007 constituted a decision by the CAS not to open proceedings. The
letter by the CAS dated 4 February 2008 was not a decision capable of
being challenged in setting aside proceedings.
Accordingly, the application to set aside was inadmissible.