The contested award confirmed a reject of a request for payment, resulting from the contract between a football club and a player agent. The latter party complained to the Court of Arbitration for Sport (CAS), that the arbitrator failed to respect the equality of the parties and violated his right to be heard. The complainant considered that the alleged violation resulted in the refusal of the arbitrator to consider certain documents and writings.
First, the Swiss Federal Tribunal reminded that the right to be heard and equal treatment constitute formal constitutional guarantees. However, the aggrieved party must demonstrate that the elements which the tribunal failed to take into account were of a nature to influence the outcome of the dispute.