Turkish Football Federation v. 1. Özkan and 2. MKE Ankaragücü [Özkan] No. 4A_566/2009 - 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. 20

Turkish Football Federation v. 1. Özkan and

2. MKE Ankaragücü

[Özkan]

No. 4A_566/2009

Headnote

■ A national sports federation may bring setting aside proceedings

against an arbitral award provided that it has a legally protected

interest to have the award set aside (obiter).

■ The Federal Supreme Court examines of its own motion whether

an application to set aside is admissible. The petitioner must

nevertheless explain its application to set aside and show that the

requirements of article 76(1) FSCA are met. In so far as it is not

apparent that such requirements are met, it is not a matter for the

Federal Supreme Court to examine whether the application is

admissible (confirmation of previous decisions).

Summary of the Decision

A dispute arose between the football player Mr. Mustafa Özkan and

his team MKE Ankaragücü in connection with the termination of his

employment contract. The Board of Directors of the Turkish Football

Federation decided the dispute partly in favour of Mr. Özkan. Both

parties challenged the decision before the Arbitration Board of Turkish

Football Federation, which confirmed the decision. Mr. Özkan

challenged the decision before the Court of Arbitration for Sport (CAS).

The Turkish Football Federation challenged inter alia the CAS’

jurisdiction. By a preliminary decision the CAS panel declared that it

had jurisdiction over the dispute and further allowed the Turkish Football

Federation to intervene in the arbitral proceedings. The Turkish Football

Federation brought proceedings before the Federal Supreme Court

seeking a decision setting aside the CAS panel’s preliminary decision.

The application was declared inadmissible.

The Court recalled that an application to set aside was admissible only

provided that the petitioner had a legally protected interest to have the

challenged award set aside or amended. The Court examined of its own

motion whether an application to set aside was admissible. Nevertheless,

the application to set aside had to be sufficiently and properly explained,

and the petitioner also had to show that the legal requirements of article

76(1) FSCA are met. In so far as it was not apparent that such