Mutu v. Chelsea Football Club Limited [Mutu] No. 4A_458/2009 - Swiss International Arbitration Law Reports (SIALR) - 2010 Vol. 4 Nos. 1 & 2

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Swiss International Arbitration Law Reports 2010 Vol. 4 Nos. 1 and 2

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No. 24

Mutu v. Chelsea Football Club Limited

[Mutu]

No. 4A_458/2009

Headnote

■ The fact that the arbitrator nominated by a party has acted as

chairman in a previous CAS arbitration between the same parties is

not per se sufficient to cast justifiable doubt on the arbitrator’s

impartiality.

■ Where a CAS panel has awarded a player to pay a large amount

of damages to his former club, such amount cannot be reviewed by

the Federal Supreme Court in setting aside proceedings and is not, in

any event, contrary to public policy on account of its magnitude.

■ The Federal Supreme Court has the power to review a finding of

fact underlying the award sought to be set aside provided that one of

the complaints enumerated in article 190(2) FPILA is raised against

such finding or if new facts or new evidence arise exceptionally on

the face of the award (confirmation of previous decisions).

Summary of the Decision

Mr. Adrian Mutu is a Romanian football player who signed a fiveyear

contract with Chelsea Football Club (“Chelsea”). Later, he tested

positive for cocaine and Chelsea terminated the contract. Mr. Mutu

claimed that the termination was not valid, first before the English

Football League Appeals Committee (FLAC) and then before a Court

of Arbitration for Sport (CAS) panel, chaired by Dr. Dirk-Reiner

Martens. This first CAS panel upheld the PLAC decision.

Consequently, Chelsea brought a claim for damages against Mr. Mutu

before the FIFA Dispute Resolution Chamber (DRC). The DRC

ordered Mr. Mutu to pay Chelsea compensation. Mr. Mutu lodged an

appeal with the CAS against this decision and another CAS panel was

constituted. Chelsea nominated Dr. Martens as its arbitrator. Mr.

Mutu’s challenge of Dr. Martens was dismissed by the International

Council of Arbitration for Sport (ICAS). Prof. Luigi Fumagalli was

then appointed as Chairman. Ultimately, the CAS panel upheld the

DRC’s decision.

Mr. Mutu filed an application to have the award set aside by the

Federal Supreme Court.