Facts
Parties:
- Appellant (Employer): [A. AG] , a Swiss football club, represented by attorneys Daniel Eisele and Thomas Hochstrasser.
- Respondent (Employee): [B.] , a Spanish football coach, represented by attorneys Luca Tettamanti, Tomas Pereda Rueda, and Raphaël Bourré.
- Interested Parties: Fédération Internationale de Football Association (FIFA).
Facts:
- Employment Relationship: The employee was employed by the employer from June 16, 2014, to June 30, 2017, and again from January 1, 2019, to June 30, 2023. The employment contract dated January 2, 2019, provided for his position as Assistant Coach and Head of Performance Department.
- Release and Termination: The employer released the employee on January 12, 2021, lifted the release on May 20, 2021, and requested him to work at the youth campus. The employee terminated the contract without notice on June 25, 2021.
- Arbitration Proceedings: The employee filed a claim with the FIFA, which was partially upheld. The employer appealed to the TAS, which reduced the damages claim.
- Appeal: The employer requested the annulment of the decisions of the TAS and the FIFA Commission.
Considerations
Jurisdiction of the Federal Supreme Court: The Federal Supreme Court examines the appeal against the arbitral award of the TAS. The appeal is of a cassatory nature and can only lead to the annulment of the challenged decision. The appellant requested the annulment of the TAS decision and the FIFA decision, which is partially inadmissible, as the FIFA decision is not challengeable under Art. 77 para. 1 FSCA.
Arbitrability of the Dispute: The Federal Supreme Court confirmed that the provisions of the PILA apply, as the respondent was not resident in Switzerland at the time of the contract conclusion. The appellant could not prove that the respondent was resident in Switzerland in January 2019 to justify the application of the CPC.
Jurisdiction of the Arbitral Tribunal: The Federal Supreme Court examined the objection of jurisdiction under Art. 190 para. 2 lit. b PILA.…