Facts
X. is a professional tennis player who is a member of the Association of Tennis Professionals Tour (ATP Tour), a non-profit organization whose members are male professional tennis players and tournament organizers. The ATP establishes rules applicable to its members, including in the area of anti-doping, providing for various sanctions that can be imposed by the ATP Anti-Doping Tribunal and subject to appeal before the Court of Arbitration for Sport (CAS).
On February 21, 2005, during a tournament in Acapulco, X. provided a urine sample that revealed the presence of a prohibited substance. The Anti-Doping Tribunal then suspended X. for two years and ordered him to return the prize money obtained during that tournament. X. appealed this decision to the CAS, which partially upheld his appeal by reducing the suspension to fifteen months.
Considerations
The Federal Tribunal upheld X.'s appeal and annulled the CAS award. It considered that, although the waiver of appeal signed by X. meets the formal requirements of Art. 192(1) PILA, it is in principle not enforceable against the athlete due to the structural imbalance between the parties in the sports field.
On the merits, the Federal Tribunal found that the CAS violated X.'s right to be heard by not…