Facts
The International Ice Hockey Federation (IIHF) as the complainant and the SCB Ice Hockey AG as the respondent are disputing the jurisdiction of the Court of Arbitration for Sport (CAS) for a legal dispute in connection with the Champions Hockey League (CHL).
In 2008, the IIHF had concluded an agreement with the Swiss Ice Hockey Association (SIHF) and the Swiss Ice Hockey National League GmbH (NL-GmbH) on the participation of Swiss clubs in the CHL. This CHL agreement provided that any disputes between the parties would be decided exclusively and finally by arbitration of the CAS.
The SCB Ice Hockey AG, which participated in the CHL in 2009/10 and 2010/11, filed an arbitration claim against the IIHF with the CAS in 2010. It demanded payments totaling over 1 million euros, which it allegedly had a claim to under the CHL agreement.
Considerations
The CAS affirmed its jurisdiction over the legal dispute, as Article 10 of the CHL agreement, which regulates the eligibility of the clubs, constitutes a genuine contract for the benefit of third parties. Consequently, the SCB Ice Hockey AG as the beneficiary third party can also invoke the arbitration clause contained therein.
The Federal Court overturned the interim decision of the CAS and found that the CAS is not competent for the present legal dispute. From the CHL agreement, no original claim right of…