On February 28, the International Court of arbitration for sport announced an eight-year ban on Sun Yang, which took effect immediately. On February 29, Sun Yangs Lawyer Zhang Qihuai stated that Sun Yang would appeal to the Swiss Federal Supreme Court within 30 days in accordance with legal procedures. For Sun Yang, appealing to the Swiss Federal Supreme Court was the last straw to save his career.
According to the Swiss Federal Constitution, the Swiss Federal Supreme Court is responsible for dealing with matters related to federal law and international law, that is to say, it has jurisdiction over cases involving international law. The International Court of arbitration for sport was the body that ruled Sun Yangs global ban for eight years. The legal place of all its Arbitration Awards was Lausanne, Switzerland, so it was governed by Swiss law. According to the provisions, if there is any objection or challenge to the arbitral award of the agency, an appeal shall be submitted to the Supreme Court of the Swiss Federation. Therefore, Sun Yang could only appeal to the court.
In fact, as the International Court of sports arbitration found the facts and laws of Sun Yangs case within the scope of its jurisdiction, Sun Yang could only appeal to the Swiss Federal Supreme Court under very limited circumstances. These limited circumstances can be found in article 190 of the Swiss Federal private international law, i.e. (1) the appointment of the sole arbitrator or the composition of the arbitral tribunal is in violation of the rules; (2) the arbitral tribunals determination of the existence of its own jurisdiction is incorrect; (3) the arbitral tribunal overreacts or omits to award; (4) the equality of the parties or their right to be heard in a adversarial proceeding is not respected; or (5) the award is made It is absolutely against Swiss public policy. In other words, it is difficult for Sun Yang to find a relatively solid reason to construct any of the above situations.
In fact, according to the requirement of appeal within 30 days, Sun Yang should have appealed before March 29, but Switzerland implemented the state of emergency law on March 20 due to the new crown epidemic, and the appeal period of Sun Yangs case was extended accordingly. The delay of litigation period and the suspension of court work will also affect the appeal deadline of Sun Yang case. According to a statement made on behalf of Sun Yang by the representative of Bernard Lawson international law firm on July 17, Sun Yang has applied for a retrial of the arbitration award on June 15, but there is no sign that Sun Yangs case has been accepted by the Swiss Federal Court.
Looking at the official website of the Swiss Federal Court, the court currently only deals with a number of previously accumulated priority cases. The latest announcement was that on July 22, the court rejected an appeal for a mans crime ruled by the European Court of justice. Basically, it lists some civil cases. As for whether the Sun Yang case has not been scheduled or can not be accepted, it is still unknown.